Kerns et al v. Caterpillar, Inc.
Plaintiff: Sandra L. Stewart, Marcia Nalley and Judith K. Kerns
Counter Plaintiff: UAW Local Union No. 1415, UAW Local Union No. 2096 and UAW Local Union No. 145
3Rd Party Defendant: UAW Local Union No. 751, UAW Local Union No. 1086, UAW Local Union No. 786, UAW Local Union No. 974 and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
3Rd Party Plaintiff: Caterpillar, Inc.
Interested Party: Phyllis Blair
Case Number: 3:2006cv01113
Filed: November 16, 2006
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
Presiding Judge: Aleta A Trauger
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2020 Opinion or Order Filing 589 FINAL JUDGMENT: The Final Judgment that was entered on March 30, 2018 (R. 535) is hereby stricken in its entirety and replaced with this Final Judgment. The Court awards post- judgment interest as provided by 28 U.S.C. 1961(a). IT IS SO ORDERED. This is the final judgment in this case. The Clerk shall close the file. Signed by District Judge Aleta A. Trauger on 7/10/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
July 10, 2020 Opinion or Order Filing 588 ORDER granting #580 Motion for Entry of Final Jugment. Signed by District Judge Aleta A. Trauger on 7/10/2020. (xc:Pro se party by regular mail. ) (am)
July 10, 2020 Opinion or Order Filing 587 ORDER denying as moot #578 Motion to Stay.Signed by District Judge Aleta A. Trauger on 7/10/2020. (xc:Pro se party by regular mail. ) (am)
June 9, 2020 Opinion or Order Filing 586 INFORMATION COPY from 6CCA. U.S. Supreme Court letter filed denying the petition for a writ of certiorari filed by Judith K. Kerns. Supreme Court Case No: 19-1227, 06/08/2020. (Maddison Edelbrock) (bs) Modified on 6/9/2020 (bs).
May 8, 2020 Opinion or Order Filing 585 REPLY to Response to re #580 MOTION for Entry of Final Judgment filed by Caterpillar, Inc.. (Grumet-Morris, Aviva)
May 8, 2020 Opinion or Order Filing 584 REPLY to Response to re #578 MOTION to Stay Proceedings Pending Final Disposition of Plaintiff's Petition for Writ of Certiorari filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
May 1, 2020 Opinion or Order Filing 583 RESPONSE in Opposition re #578 MOTION to Stay Proceedings Pending Final Disposition of Plaintiff's Petition for Writ of Certiorari filed by Caterpillar, Inc.. (Grumet-Morris, Aviva)
May 1, 2020 Opinion or Order Filing 582 RESPONSE in Opposition re #580 MOTION for Entry of Final Judgment filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Ex. A to Response in Opposition to Motion for Entry of Judgment -Final Judgment)(Smith, Lisa)
April 20, 2020 Opinion or Order Filing 581 INFORMATION COPY from 6CCA. The petition for a writ of certiorari in the above entitled case was filed on April 13, 2020 and placed on the docket April 17, 2020 as No. 19-1227. (bs)
April 17, 2020 Opinion or Order Filing 580 MOTION for Entry of Final Judgment by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Proposed Final Judgment)(Grumet-Morris, Aviva)
April 17, 2020 Opinion or Order Filing 579 MEMORANDUM in Support of #578 MOTION to Stay Proceedings Pending Final Disposition of Plaintiff's Petition for Writ of Certiorari filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
April 17, 2020 Opinion or Order Filing 578 MOTION to Stay Proceedings Pending Final Disposition of Plaintiff's Petition for Writ of Certiorari by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
April 15, 2020 Opinion or Order Filing 577 NOTICE of Filing by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re Annotation - Deficiency Notice, #576 Stipulation, Joint Stipulation of Damages and Prejudgment Interest Due Under Sixth Circuit Opinion (Attachments: #1 Exhibit Ex. 1-8 Group 1 Class Member Owed Principal & Prejudgment Interest Damages, #2 Exhibit Ex. 2-237 Group 1 Class Members Not Owed Principal & Prejudgment Interest Damages)(Smith, Lisa)
April 15, 2020 Opinion or Order NOTICE TO FILER re DE#576 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (am)
April 14, 2020 Opinion or Order Filing 576 Joint Stipulation of Damages and Prejudgment Interest Due Under Sixth Circuit Opinion by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Smith, Lisa) Modified Text on 4/15/2020 (am).
March 20, 2020 Opinion or Order Filing 575 ORDER granting #573 Joint Motion for Extension of Time. Motion GRANTED. Extension to 4/17/2020. Signed by District Judge Aleta A. Trauger on 3/20/2020. (xc:Pro se party by regular mail. ) (am)
March 20, 2020 Opinion or Order Filing 574 MEMORANDUM in Support of #573 MOTION Extension of March 20 Date to April 17, 2020 filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
March 20, 2020 Opinion or Order Filing 573 MOTION Extension of March 20 Date to April 17, 2020 by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
February 14, 2020 Opinion or Order Filing 572 ORDER granting #570 Joint Motion for Extension of Time. Motion GRANTED for extension to 3/20/2020. Signed by District Judge Aleta A. Trauger on 2/14/2020. (xc:Pro se party by regular mail. ) (am)
February 13, 2020 Opinion or Order Filing 571 MEMORANDUM in Support of #570 Joint Motion for Extension of Time filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa) Modified on 2/14/2020 (am).
February 13, 2020 Opinion or Order Filing 570 Joint Motion for Extension of Time by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified Text on 2/14/2020 (am).
January 15, 2020 Opinion or Order Filing 569 ORDER granting #567 Joint Motion for Extension of Time and Release of Supersedeas Bond. The parties may have an extension until February 18, 2020 within which to file a proposed form of final judgment that reflects the ruling of the Sixth Circuit. It is further ORDERED that the Clerk shall release the $1.2 million dollar Supersedeas Bond to defendant Caterpillar, Inc. Signed by District Judge Aleta A. Trauger on 1/15/2020. (xc:Pro se party by regular mail. ) (xc: Financial sent a copy of the order via ecf.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
January 15, 2020 Opinion or Order Filing 568 MEMORANDUM in Support of #567 Joint Motion for Extension of Time and Release of Supersedeas Bond re #564 Order filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified Text on 1/16/2020 (am).
January 15, 2020 Opinion or Order Filing 567 Joint Motion for Extension of Time and Release of Supersedeas Bond re #564 Order by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified Text on 1/16/2020 (am).
January 2, 2020 Opinion or Order Filing 566 ORDER granting #565 Motion for Benjamin L. King to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/2/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Pro se party sent a copy of the order by regular mail.) Modified Text on 1/7/2020 (am).
December 30, 2019 Opinion or Order MI State Bar status verified as active for Benjamin L. King. (am)
December 27, 2019 Opinion or Order Filing 565 MOTION for attorney Benjamin L. King to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3056666) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Smith, Lisa)
December 23, 2019 Opinion or Order Filing 564 ORDER: This court's Final Judgment, entered March 30, 2018 (Docket No. 535), has been affirmed in part and reversed in part by the Sixth Circuit Court of Appeals (Docket No. 557). The Mandate has now issued. (Docket No. 560). It is hereby ORDERED that the parties shall submit for the court's consideration a proposed form of Final Judgment that reflects the ruling of the Sixth Circuit by January 17, 2020. The court notes that a Supersedeas Bond in the amount of $1.2 million dollars remains on file with the Clerk of Court. Signed by District Judge Aleta A. Trauger on 12/23/2019. (xc:Pro se party by regular mail. ) (am)
December 11, 2019 Opinion or Order Filing 563 ORDER granting #561 Motion for William G. Miossi to Appear Pro Hac Vice. Signed by Kirk L. Davies on 12/11/19. (Pro se party sent a copy of the order by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified Text on 12/12/2019 (am).
December 10, 2019 Opinion or Order Filing 562 DECLARATION of William G. Miossi filed by Caterpillar, Inc. re: #561 MOTION for attorney William G. Miossi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3045887). (Sutton, Megan)
December 10, 2019 Opinion or Order NOTICE TO FILER re DE#561 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether any disciplinary proceedings or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing whether any disciplinary proceedings or criminal charges have been instituted against the attorney, and if so, providing complete details about the proceeding or charges, including outcome. Failure to do so will result in denial of the pro hac vice motion. (am)
December 10, 2019 Opinion or Order IL State Bar status verified as active for William G. Miossi. (am)
December 9, 2019 Opinion or Order Filing 561 MOTION for attorney William G. Miossi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3045887) by Caterpillar, Inc.. (Attachments: #1 Exhibit A: Certificate of Good Standing for William G. Miossi)(Sutton, Megan)
December 5, 2019 Opinion or Order Filing 560 MANDATE of USCA as to #536 Notice of Appeal filed by Caterpillar, Inc. Pursuant to the court's disposition that was filed 11/13/2019 the mandate for this case hereby issues today. (am)
November 22, 2019 Opinion or Order Filing 559 ORDER granting #558 Motion for Aviva Grumet-Morris to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
November 21, 2019 Opinion or Order IL State Bar status verified as active for Aviva Grumet-Morris. (am)
November 19, 2019 Opinion or Order Filing 558 MOTION for attorney Aviva Grumet-Morris to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3034005) by Caterpillar, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Grumet-Morris, Aviva)
November 13, 2019 Opinion or Order Filing 557 INFORMATION COPY from 6CCA: The district court's judgment is affirmed as to surviving spouses of retirees who both retired (or were eligible to retire) and died while the 1998 Plan Agreement remained in effect; the court's judgment is reversed as to surviving spouses of retirees who died after the 1998 Plan terminated; and the case is remanded for proceedings consistent with this opinion. MANDATE TO ISSUE (hb)
August 29, 2018 Opinion or Order Filing 556 ORDER granting #555 Motion for Attorney Derek G. Barella by Caterpillar to withdraw as counsel. Signed by District Judge Aleta A. Trauger on 8/28/2018. (xc:Pro se party by regular mail.) (mg)
August 28, 2018 Opinion or Order Filing 555 MOTION to Withdraw as Attorney Derek G. Barella by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Notice letter)(Torres, Joseph)
August 20, 2018 Opinion or Order Filing 554 ORDER granting #552 Motion requesting copies of certain pleadings filed Under Seal. Signed by District Judge Aleta A. Trauger on 8/20/2018. (xc:Pro se party by regular mail.) (Note: Mailed via UPS to requesting party "copies of certain pleadings filed Under Seal". Tracking# N0433646076. (mg) Modified text on 8/23/2018 (mg).
August 20, 2018 Opinion or Order Filing 553 MEMORANDUM in Support of #552 MOTION seeking copies of pleadings filed under seal with page ID numbers filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
August 20, 2018 Opinion or Order Filing 552 MOTION seeking copies of pleadings filed under seal with page ID numbers by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Attachment Memorandum in Support of Unopposed Motion)(Smith, Lisa)
June 19, 2018 Opinion or Order Filing 551 NOTICE of Filing by Caterpillar, Inc. of Supersedeas Bond (Attachments: #1 Attachment Supersedeas Bond)(Torres, Joseph)
June 13, 2018 Opinion or Order Filing 550 ORDER GRANTING MOTION TO STAY EXECUTION ON THE JUDGMENT PENDING APPEAL AND APPROVING SUPERSEDEAS BOND: This matter is before the Court on Defendant Caterpillar Inc.'s Motion to Stay Execution on the Judgment Pending Appeal and for Approval of Supersedeas Bond (R. #537 ) ("Motion to Stay Execution"). Therefore, upon review of the Motion to Stay Execution and Plaintiffs' Response, and the Court finding that the relief requested therein is appropriate, it is hereby ORDERED that: 1. The Motion #537 to Stay Execution is granted, and all pending and future actions in execution of the portion of the Judgment in this case that provides legal relief in the form of the payment of the monetary damages and interest, are stayed. 2. Caterpillar shall, within ten (10) days of the entry of this Order, re-post its supersedeas bond with the Court in the amount of $1.2 million, naming the "Kerns Class Plaintiffs and class members as Obligees." The supersedeas bond, as amended in this fashion, is approved. Signed by District Judge Aleta A. Trauger on 6/13/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
June 12, 2018 Opinion or Order Filing 549 NOTICE of Filing by Caterpillar, Inc. Joint Proposed Order Granting Caterpillar's Motion to Stay Execution on the Judgment Pending Appeal and Approving Supersedeas Bond (Attachments: #1 Attachment Proposed Order)(Torres, Joseph)
April 30, 2018 Opinion or Order Filing 548 ORDER: Given the apparent agreement of the parties on the pending Motion to Stay Execution on Judgment, reflected in the plaintiffs' response (Docket No. #547 ), it is hereby ORDERED that the parties shall file an agreed order granting the motion to stay, to the extent they have agreed upon it, and including any other necessary terms of the stay. Signed by District Judge Aleta A. Trauger on 4/30/2018. (xc:Pro se party by regular mail.) (mg)
April 27, 2018 Opinion or Order Filing 547 RESPONSE to Motion re #537 MOTION to Stay re #535 Judgment pending Appeal MOTION for Bond Approval of Supersedeas Bond filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
April 19, 2018 Opinion or Order Filing 546 USCA Case Number 18-5384 for #536 Notice of Appeal filed by Caterpillar, Inc. Jill Colyer, Case Manager. (mg)
April 18, 2018 Opinion or Order Filing 545 ORDER granting #544 Motion to for Attorney Jack W. Stride to withdraw appearance. Signed by District Judge Aleta A. Trauger on 4/18/2018. (xc:Pro se party by regular mail.) (mg)
April 17, 2018 Opinion or Order Filing 544 MOTION to Withdraw as Attorney Jack W. Stride by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
April 17, 2018 Opinion or Order Filing 543 ORDER: This court's Order entered today (Docket No. 542 ) is hereby VACATED, as the motion was mistakenly granted as unopposed. The defense Motion to Stay Execution on the Judgment Pending Appeal and for Approval of Supersedeas Bond Pursuant to Fed. R. Civ. 62(d) (Docket No. #537 ) remains pending, awaiting a response by the plaintiffs. Signed by District Judge Aleta A. Trauger on 4/17/2018. (xc:Pro se party by regular mail.) (mg) (mg).
April 17, 2018 Opinion or Order Filing 542 ****ORDER VACATED, PER ORDER IN D/E# 543***ORDER: The defendant's Motion to Stay Execution on the Judgment Pending Appeal and for Approval of Supersedeas Bond Pursuant to Fed. R. Civ. 62(d) (Docket No. #537 ), which is not opposed, is GRANTED. It is hereby ORDERED that the defendant has posted an adequate supersedeas bond (Docket No. 537-1), and execution on this court's judgment is STAYED pending appeal. Signed by District Judge Aleta A. Trauger on 4/17/2018. (xc:Pro se party by regular mail.) (mg) Modified text on 4/17/2018 (mg).
April 16, 2018 Opinion or Order Filing 541 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #538 Memorandum in Support (Torres, Joseph)
April 16, 2018 Opinion or Order Filing 540 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #537 MOTION to Stay re #535 Judgment pending Appeal MOTION for Bond Approval of Supersedeas Bond (Torres, Joseph)
April 16, 2018 Opinion or Order Filing 539 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #536 Notice of Appeal (Torres, Joseph)
April 16, 2018 Opinion or Order Notice to Filer re DE #536 and #537 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person(s) served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (mg) Modified text on 4/16/2018 (mg).
April 13, 2018 Opinion or Order Filing 538 MEMORANDUM in Support of #537 MOTION to Stay re #535 Judgment pending Appeal MOTION for Bond Approval of Supersedeas Bond filed by Caterpillar, Inc. . (Torres, Joseph)
April 13, 2018 Opinion or Order Filing 537 MOTION to Stay re #535 Judgment pending Appeal, MOTION for Bond Approval of Supersedeas Bond by Caterpillar, Inc.. (Attachments: #1 Attachment Appeal Bond)(Torres, Joseph)
April 13, 2018 Opinion or Order Filing 536 NOTICE OF APPEAL as to #535 Judgment by Caterpillar, Inc.. Filing fee $ 505, receipt number 0650-2652207. (Torres, Joseph)
March 30, 2018 Opinion or Order Filing 535 FINAL JUDGMENT signed by District Judge Aleta A. Trauger on 3/30/2018. (xc:Pro se party by certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
March 30, 2018 Opinion or Order Filing 534 NOTICE of Filing by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart of Proposed Final Judgment (Attachments: #1 Attachment Proposed Final Judgment)(Smith, Lisa)
March 23, 2018 Opinion or Order TN State Bar status verified as active for Megan M. Sutton. (mg)
March 22, 2018 Opinion or Order Filing 533 ORDER GRANTING MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL: This matter is before the Court on the Motion #532 to Withdraw and Substitute Counsel by Defendant Caterpillar Inc. The Court finds that this motion is well taken and should be granted. IT IS, THEREFORE, ORDERED that Lawrence S. Eastwood, Jr. of the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, is permitted to withdraw as counsel for Defendant Caterpillar Inc. IT IS FURTHER ORDERED AND ADJUDGED that Megan M. Sutton of the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. be substituted as counsel of record for Defendant Caterpillar Inc. Signed by District Judge Aleta A. Trauger on 3/22/2018. (xc: pro see party by regular mail.) (mg) Modified text on 3/23/2018 (mg).
March 21, 2018 Opinion or Order Filing 532 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Caterpillar, Inc.. (Attachments: #1 Attachment Proposed Order Granting Motion)(Eastwood, Lawrence)
December 29, 2017 Opinion or Order Filing 531 IT IS HEREBY ORDERED: 1. Prejudgment interest is awarded to the Plaintiff class; 2. Exhibit 1 (R.528) is approved, which provides the principal damages amount, the prejudgment interest amount as of December 4, 2017, and total damages for each class member who was listed on Ex. A (R.517) to be paid by Defendant Caterpillar, Inc. to class members; 3. The Joint Stipulation (R.528) is approved. Signed by District Judge Aleta A. Trauger on 12/29/17. (xc:Pro se party by regular mail. ) (gb)
December 28, 2017 Opinion or Order Filing 530 NOTICE of Filing by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re #528 Stipulation Proposed Order Awarding Prejudgment Interest (Attachments: #1 Attachment Proposed Order Granting R528 Ex 1 for Damages & Prejudgment Interest)(Smith, Lisa)
December 7, 2017 Opinion or Order Notice to Filer re DE #528 : The document is scanned and not text searchable. Scanning should only be used for documents not created on your computer. Thisdocument does not need to be re-filed unless otherwise directed by the Court. (ab) Modified on 12/8/2017 (ab).
December 6, 2017 Opinion or Order Filing 529 Additional Attachments to Main Document re: #528 Stipulation. (Smith, Lisa)
December 6, 2017 Opinion or Order Filing 528 STIPULATION re #517 Status Report Joint Stipulation of Calculations for Principal Damages and Prejudgment Interest by Phyllis Blair, Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
November 30, 2017 Opinion or Order Filing 527 ORDER granting #525 Motion for Extension of Time to File, extension to 12/6/2017. Signed by District Judge Aleta A. Trauger on 11/30/2017. (xc:Pro se party by regular mail. ) (ab)
November 29, 2017 Opinion or Order Filing 526 MEMORANDUM in Support of #525 MOTION for Extension of Time to File filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
November 29, 2017 Opinion or Order Filing 525 MOTION for Extension of Time to File by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
November 20, 2017 Opinion or Order Filing 524 ORDER granting #522 Motion for Extension of Time, extension to 11/29/2017. Signed by District Judge Aleta A. Trauger on 11/20/2017. (xc:Pro se party by regular mail. ) (ab)
November 17, 2017 Opinion or Order Filing 523 MEMORANDUM in Support of #518 Order, #521 Order on Motion for Extension of Time to File, #522 MOTION for Extension of Time to File , #517 Status Report filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
November 17, 2017 Opinion or Order Filing 522 MOTION for Extension of Time to File by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
October 31, 2017 Opinion or Order Filing 521 ORDER granting #519 Motion for Extension of Time to File. Signed by District Judge Aleta A. Trauger on 10/31/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
October 30, 2017 Opinion or Order Filing 520 MEMORANDUM in Support of #519 Joint MOTION for Extension of Time to File , #518 Order, #517 Status Report filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
October 30, 2017 Opinion or Order Filing 519 Joint MOTION for Extension of Time to File by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
September 29, 2017 Opinion or Order Filing 518 ORDER: The court hereby approves the Joint Stipulated Report filed by the parties (Docket No. #517 ). Pursuant thereto, the court approves Exhibit A attached thereto, which reflects the principal damages due to certain class members under the court's previous rulings as of August 11, 2017. The schedule proposed within the Joint Stipulated Report is likewise hereby APPROVED. Signed by District Judge Aleta A. Trauger on 9/29/2017. (xc:Pro se party by regular mail. ) (ab)
September 27, 2017 Opinion or Order Filing 517 STATUS REPORT Joint Stipulated Report by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit A Principal Damages Report)(Smith, Lisa) Modified on 9/28/2017 (ab).
September 13, 2017 Opinion or Order Filing 516 ORDER granting #514 Motion for Extension of Time. Extensions as requested. Signed by District Judge Aleta A. Trauger on 9/13/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
September 13, 2017 Opinion or Order Filing 515 MEMORANDUM in Support of #514 Joint MOTION for Extension of Time to File filed by Caterpillar, Inc. . (Torres, Joseph)
September 13, 2017 Opinion or Order Filing 514 Joint MOTION for Extension of Time to File by Caterpillar, Inc.. (Torres, Joseph)
August 30, 2017 Opinion or Order Filing 513 AMENDED DOCUMENT by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. Amendment to #511 Memorandum in Support, #510 MOTION Motion for Prejudgment Interest , #512 Declaration,, Amended Certificate of Service. (Smith, Lisa)
August 29, 2017 Opinion or Order Note to Filer re DE# 510-512 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Please FILE a conformed Certificate of Service for these documents. (ab)
August 28, 2017 Opinion or Order Filing 512 DECLARATION of Jack W. Stride filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #510 MOTION Motion for Prejudgment Interest . (Attachments: #1 Exhibit Ex 1 Segovia v Montgomery County, Tenn, #2 Exhibit Ex 2 King v Detroit Medical Center, #3 Exhibit Ex 3 Bailey v AK Steel Corp, #4 Exhibit Ex 4 Yolton v El Paso Tennessee Pipeline Co, #5 Exhibit Ex 5 Rochow v Life Ins. Co, #6 Exhibit Ex 6 Federal Reserve 52 Week Treasury Constant Maturity Rates Spreadsheet)(Stride, Jack)
August 28, 2017 Opinion or Order Filing 511 MEMORANDUM in Support of #510 MOTION Motion for Prejudgment Interest filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
August 28, 2017 Opinion or Order Filing 510 MOTION Motion for Prejudgment Interest by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
August 22, 2017 Opinion or Order MI State Bar status verified as active for Jack W. Stride. (ab)
August 16, 2017 Opinion or Order Filing 509 ORDER granting #508 Motion for Jack W. Stride to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/16/2017. (xc:Pro se party by regular mail. )Regenerated NEF to Attorney Stride (ab) Modified on 8/22/2017 (ab).
August 15, 2017 Opinion or Order Filing 508 MOTION for attorney(s) Jack W. Stride to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2500134) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Attachment Certificate of Good Standing)(Smith, Lisa)
August 10, 2017 Opinion or Order Filing 507 ORDER: The briefing schedule set out in the Joint Status Report filed by the parties on July 24, 2017 (Docket No. #506 ) is acceptable to the court. It is therefore ORDERED that the parties shall adhere to the deadlines set out in Item No. 6 of the Joint Status Report. Signed by District Judge Aleta A. Trauger on 8/10/2017. (xc:Pro se party by regular mail. ) (ab)
July 24, 2017 Opinion or Order Filing 506 STATUS REPORT Joint Status Report by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
July 17, 2017 Opinion or Order Filing 505 ORDER: It is hereby ORDERED that, by July 24, 2017, the parties shall file a joint status report with the court that identifies any matters still to be resolved by the cour t and proposes a briefing schedule thereon. Signed by District Judge Aleta A. Trauger on 7/17/2017. (xc:Pro se party by regular mail. ) (ab)
June 2, 2017 Opinion or Order Filing 504 ORDER: The parties have filed a Joint Notice Regarding Objection Filed by Phyllis A. Blair (Docket No. #503 ). They represent that her objection has been fully resolved and that her claim for an additional $1,316.00 is being honored. Therefore, the objection filed by Phyllis A. Blair will not be set for hearing. The Clerk shall mail a copy of this Order to Phyllis A. Blair at her address in the record. Signed by District Judge Aleta A. Trauger on 6/02/2017. (xc:Pro se party by regular mail. ) (ab)
June 1, 2017 Opinion or Order Filing 503 NOTICE by Caterpillar, Inc. re #495 Objections filed by Phyllis A. Blair (Joint) (Torres, Joseph)
May 23, 2017 Opinion or Order Filing 502 ORDER: It is hereby ORDERED that, by June 1, 2017, the parties shall file a joint notice in the record of the case that indicates whether or not the Objection filed by Phyllis A. Blair (Docket No. #495 ) has been fully resolved. If it has not, the court will set a hearing on the Objection. Signed by District Judge Aleta A. Trauger on 5/23/2017(xc:Pro se party by regular mail. ) (ab)
May 11, 2017 Opinion or Order Filing 501 RESPONSE filed by Caterpillar, Inc. re #495 Objections filed by Phyllis Blair . (Torres, Joseph)
May 1, 2017 Opinion or Order Filing 500 GREEN CARD RETURNED Executed as to Phyllis Blair re: #497 Order. (dt)
April 26, 2017 Opinion or Order Filing 499 ORDER: The defendant shall respond to the timely-filed Objection filed by Phyllis Blair #495 by May 11, 2017. Based upon the filing, the court will either rule on the objection or set a hearing. The Clerk shall mail a copy of this Order to Phyllis Blair at the address on her Objection. Signed by District Judge Aleta A. Trauger on 4/25/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 19, 2017 Opinion or Order Filing 498 CERTIFIED MAIL RECEIPT re #497 Order. (dt)
April 19, 2017 Opinion or Order Filing 497 ORDER granting #496 Motion to Withdraw as Attorney. Attorney Lilyan N. Talia terminated. Signed by District Judge Aleta A. Trauger on 4/19/17. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 18, 2017 Opinion or Order Filing 496 MOTION to Withdraw as Attorney (of Lilyan N. Talia) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
March 22, 2017 Opinion or Order Filing 495 OBJECTIONS filed by Phyllis Blair. (dt)
February 17, 2017 Opinion or Order Filing 494 NOTICE by Clerk of Final Authorized Damages Claim Amount re #493 Order. (dt)
February 13, 2017 Opinion or Order Filing 493 ORDER granting #490 Joint MOTION Seeking Approval of the Notice of Final Authorized Damages Claim Form. Signed by District Judge Aleta A. Trauger on 2/13/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
February 13, 2017 Opinion or Order Filing 492 NOTICE of Filing by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re #490 Joint MOTION Seeking Approval of the Notice of Final Authorized Damages Claim Form (Attachments: #1 Attachment Proposed Order Granting Joint Motion)(Smith, Lisa)
February 13, 2017 Opinion or Order Filing 491 MEMORANDUM in Support of #490 Joint MOTION Seeking Approval of the Notice of Final Authorized Damages Claim Form filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Attachments: #1 Attachment Exhibit 1 Notice of Final Authorized Damages Claim Amount)(Smith, Lisa)
February 13, 2017 Opinion or Order Filing 490 Joint MOTION Seeking Approval of the Notice of Final Authorized Damages Claim Form by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
January 30, 2017 Opinion or Order Filing 489 STATUS REPORT (JOINT) by Judith K. Kerns. (Smith, Lisa)
January 9, 2017 Opinion or Order Filing 488 ORDER: The parties shall file a joint status report by January 30, 2017 that informs the court of the status of the processing of damages claims. Signed by District Judge Aleta A. Trauger on 1/9/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 25, 2016 Opinion or Order Filing 487 NOTICE Issued by Clerk of Opportunity to File Damages Claim re #486 Order. (dt)
August 24, 2016 Opinion or Order Filing 486 ORDER granting #483 Joint Motion Seeking Approval of the Damages Claim Procedure Forms and Notices and Directing Notices to the Class. Signed by District Judge Aleta A. Trauger on 8/24/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 23, 2016 Opinion or Order Filing 485 NOTICE of Filing by Judith K. Kerns re #483 Joint MOTION (Joint) Seeking Approval of the Damages Claim Procedure Forms and Notices and Directing Notices to the Class , #484 Memorandum in Support,,,,, (Attachments: #1 Attachment Proposed Order Granting Joint Motion)(Smith, Lisa)
August 18, 2016 Opinion or Order Filing 484 MEMORANDUM in Support of #483 Joint MOTION (Joint) Seeking Approval of the Damages Claim Procedure Forms and Notices and Directing Notices to the Class filed by Judith K. Kerns . (Attachments: #1 Exhibit Exhibit 1-Notice of Opportunity to File Damages Claim, #2 Exhibit Exhibit 2A-Damages Initial Claim Form - For Premiums Paid to Caterpillar, #3 Exhibit Exhibit 2B-Instructions for Completing Damages Initial Claim Form - For Premiums Paid to Caterpillar, #4 Exhibit Exhibit 3A-Damages Initial Claim Form - No Premiums Paid to Caterpillar, #5 Exhibit Exhibit 3B-Instructions for Completing Damages Initial Claim Form - No Premiums Paid to Caterpillar, #6 Exhibit Exhibit 4A-Damages Initial Claim Form - For Cat Coverage Termination, #7 Exhibit Exhibit 4B-Instructions for Completing Damages Initial Claim Form - For Cat Coverage Termination, #8 Exhibit Exhibit 5-generic template for Authorization for Disclosure of Protected Health Information (for Coverage Termination class members), #9 Exhibit Exhibit 6-proposed Notice of Final Authorized Damages Claim Amount, #10 Exhibit Exhibit 7-Final Damages Claim Form (for all except the 8 coverage terminations class members, #11 Exhibit Exhibit 8-Final Damages Claim Form - Coverage Termination)(Smith, Lisa)
August 18, 2016 Opinion or Order Filing 483 Joint MOTION (Joint) Seeking Approval of the Damages Claim Procedure Forms and Notices and Directing Notices to the Class by Judith K. Kerns. (Smith, Lisa)
August 9, 2016 Opinion or Order Filing 482 ORDER: Motion for Extension of Time #480 Granted for extension to 8/18/16. Signed by District Judge Aleta A. Trauger on 8/9/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 8, 2016 Opinion or Order Filing 481 MEMORANDUM in Support of #480 MOTION for Extension of Time to File Joint Motion to Extend the August 9, 2016 Date in the Amended Schedule for Damages Claim Procedure by Approximately 9 Days, #477 Notice (Other), #479 Order, filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart Memorandum of Law in Support of Joint Motion to Extend the August 9, 2016 Date in the Amended Schedule for Damages Claim Procedure by Approximately 9 Days. (Smith, Lisa)
August 8, 2016 Opinion or Order Filing 480 MOTION for Extension of Time to File Joint Motion to Extend the August 9, 2016 Date in the Amended Schedule for Damages Claim Procedure by Approximately 9 Days by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
June 14, 2016 Opinion or Order Filing 479 ORDER: The Amended Joint Proposed Schedule for Damages Claim Procedure (Docket No. 477) is hereby APPROVED. The court apologizes for its advertence in not acting upon the May 9, 2016 submittal by the parties (Docket No. 475). It is so ORDERED. ENTER this 14th day of June 2016. Signed by District Judge Aleta A. Trauger on 6/14/16. (af)
June 10, 2016 Opinion or Order Bar status for attorney Lilyan Talia of MI verified as active this date. (dt)
June 9, 2016 Opinion or Order Filing 478 ORDER granting #476 Motion for Lilyan N. Talia to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 6/9/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
June 9, 2016 Opinion or Order Filing 477 AMENDED JOINT PROPOSED SCHEDULE FOR DAMAGES CLAIM PROCEDURE by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart Amended Joint Proposed Schedule for Damages Claim Procedure (Smith, Lisa) Modified Text on 6/9/2016 (am).
June 9, 2016 Opinion or Order Filing 476 MOTION for attorney(s) Lilyan N. Talia to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2218583) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Attachment LNT Cert of Good Standing)(Smith, Lisa)
May 9, 2016 Opinion or Order Filing 475 PROPOSED CASE MANAGEMENT ORDER Joint Proposed Schedule for Damages Claim Procedure filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
April 29, 2016 Opinion or Order Filing 474 ORDER: By May 9, 2016, the parties shall file a revised Joint Proposed Schedule for Damages Claim Procedure that sets new deadlines going forward. Signed by District Judge Aleta A. Trauger on 4/29/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 17, 2015 Opinion or Order Filing 473 ORDER: Pending before the court is a Motion to Reconsider filed by Caterpillar, Inc. (Docket No. #451 ) and a Motion to Reconsider filed by the plaintiffs (Docket No. #464 ). For the reasons provided in the accompanying Memorandum Opinion, both motions are DENIED. Signed by District Judge Aleta A. Trauger on 11/17/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
November 17, 2015 Opinion or Order Filing 472 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 11/17/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
September 4, 2015 Opinion or Order Filing 471 DECLARATION of Lisa M. Smith in Support of Plaintiffs' Reply Memorandum in Support of Motion to Reconsider filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #470 Reply to Response to Motion. (Attachments: #1 Exhibit Additional Cases)(Smith, Lisa)
September 4, 2015 Opinion or Order Filing 470 REPLY to Response to Motion re #464 MOTION for Reconsideration re #262 Memorandum Opinion of the Court filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
August 18, 2015 Opinion or Order Filing 469 ORDER granting #468 Motion to Withdraw as Attorney. Attorney Jordan D. Rossen terminated. Signed by District Judge Aleta A. Trauger on 8/18/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 17, 2015 Opinion or Order Filing 468 MOTION to Withdraw as Attorney by Jordan D. Rossen by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Rossen, Jordan)
August 14, 2015 Opinion or Order Filing 467 RESPONSE in Opposition re #464 MOTION for Reconsideration re #262 Memorandum Opinion of the Court filed by Caterpillar, Inc.. (Torres, Joseph)
July 23, 2015 Opinion or Order Filing 466 REPLY filed by Caterpillar, Inc. re #451 Motion for Reconsideration filed by Caterpillar, Inc.. (Torres, Joseph)
July 14, 2015 Opinion or Order Filing 465 MEMORANDUM in Support of #464 MOTION for Reconsideration re #262 Memorandum Opinion of the Court filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
July 14, 2015 Opinion or Order Filing 464 MOTION for Reconsideration re #262 Memorandum Opinion of the Court by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
July 9, 2015 Opinion or Order Filing 463 ORDER: Motion #461 GRANTED for extensions as requested. Signed by District Judge Aleta A. Trauger on 7/9/15. (afs)
July 8, 2015 Opinion or Order Filing 462 MEMORANDUM in Support of #461 Joint MOTION to Extend a Portion of Schedule on Reconsideration Motions by Approximately 9 Days and 4 Days Respectively re #458 Order on Motion for Miscellaneous Relief filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
July 8, 2015 Opinion or Order Filing 461 Joint MOTION to Extend a Portion of Schedule on Reconsideration Motions by Approximately 9 Days and 4 Days Respectively re #458 Order on Motion for Miscellaneous Relief by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
June 23, 2015 Opinion or Order Filing 460 DECLARATION of Lisa M. Smith in Support of Kerns Class Plaintiffs' Memorandum of Law in Oppositiion to Defendant's 5/13/2015 Motion to Reconsider filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #459 Response in Opposition to Motion. (Attachments: #1 Exhibit 1 Additional Case: Zanghi v. Freightcar Am. Inc., 2015 U.S. Dist. LEXIS 41810 (W.D. Pa. Mar. 30, 2015))(Smith, Lisa)
June 23, 2015 Opinion or Order Filing 459 RESPONSE in Opposition re #451 MOTION for Reconsideration filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
June 17, 2015 Opinion or Order Filing 458 ORDER: Motion #456 is GRANTED for the extension of time requested. Signed by District Judge Aleta A. Trauger on 6/17/15. (afs)
June 15, 2015 Opinion or Order Filing 457 MEMORANDUM in Support of #456 Joint MOTION Motion to Extend Schedule on Reconsideration Motions by Approximately 6 days and 9 days Respectively re #455 Order on Motion for Miscellaneous Relief, filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
June 15, 2015 Opinion or Order Filing 456 Joint MOTION Motion to Extend Schedule on Reconsideration Motions by Approximately 6 days and 9 days Respectively re #455 Order on Motion for Miscellaneous Relief, by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
May 20, 2015 Opinion or Order Filing 455 ORDER: The Joint Motion For A Schedule On Reconsideration Motions And To Adjourn Remaining Schedule In Damages Claims Procedure Pending Disposition Of Reconsideration Motions(s) (Docket No. #453 ) is GRANTED. Signed by District Judge Aleta A. Trauger on 5/20/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
May 15, 2015 Opinion or Order Filing 454 MEMORANDUM in Support of #453 Joint MOTION Joint Motion for a Schedule on Reconsideration Motions and to Adjourn Remaining Schedule in Damages Claims Procedure Pending Disposition of Reconsideration Motion(s) re #451 MOTION for Reconsideration , #444 Order, #450 filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
May 15, 2015 Opinion or Order Filing 453 Joint MOTION Joint Motion for a Schedule on Reconsideration Motions and to Adjourn Remaining Schedule in Damages Claims Procedure Pending Disposition of Reconsideration Motion(s) re #451 MOTION for Reconsideration , #444 Order, #450 Order on Motion for Miscellaneous Relief, #447 Order on Motion for Miscellaneous Relief, #443 Proposed Case Management Order by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
May 13, 2015 Opinion or Order Filing 452 MEMORANDUM in Support of #451 MOTION for Reconsideration filed by Caterpillar, Inc. . (Torres, Joseph)
May 13, 2015 Opinion or Order Filing 451 MOTION for Reconsideration by Caterpillar, Inc.. (Torres, Joseph)
May 6, 2015 Opinion or Order Filing 450 ORDER: Motion #448 GRANTED for extension to 5/15/15. Signed by District Judge Aleta A. Trauger on 5/6/15. (afs)
May 5, 2015 Opinion or Order Filing 449 MEMORANDUM in Support of #448 Joint MOTION for Additional 10-Day Extension of Schedule for Damages Claims Procedure filed by Caterpillar, Inc. . (Torres, Joseph)
May 5, 2015 Opinion or Order Filing 448 Joint MOTION for Additional 10-Day Extension of Schedule for Damages Claims Procedure by Caterpillar, Inc.. (Torres, Joseph)
April 22, 2015 Opinion or Order Filing 447 ORDER: Motion #445 GRANTED for extension to 5/5/15. Signed by District Judge Aleta A. Trauger on 4/22/15. (afs)
April 21, 2015 Opinion or Order Filing 446 MEMORANDUM in Support of #445 Joint MOTION for 14-Day Extension of Schedule for Damages Claims Procedure filed by Caterpillar, Inc. . (Torres, Joseph)
April 21, 2015 Opinion or Order Filing 445 Joint MOTION for 14-Day Extension of Schedule for Damages Claims Procedure by Caterpillar, Inc.. (Torres, Joseph)
February 20, 2015 Opinion or Order Filing 444 ORDER: The Joint Proposed Schedule for Damages Claim Procedure filed by the parties (Docket No. #443 ) is hereby ACCEPTED by the court. The deadlines set out therein will govern the claim procedure going forward. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/20/15. (afs)
February 19, 2015 Opinion or Order Filing 443 PROPOSED CASE MANAGEMENT ORDER Joint Proposed Schedule for Damages Claim Procedure filed by All Plaintiffs. (Smith, Lisa)
February 10, 2015 Opinion or Order Filing 442 ORDER granting #441 Motion for Jordan D. Rossen to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 2/10/15. (afs)
February 10, 2015 Opinion or Order BAR STATUS for Attorney, Jordan D. Rossen of MI, verified as active on this date. (afs)
February 9, 2015 Opinion or Order Filing 441 MOTION for attorney(s) Jordan D. Rossen to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1926342) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Attachment Certificate of Good Standing)(Smith, Lisa)
February 4, 2015 Opinion or Order Filing 440 ORDER: Motion #438 GRANTED. Extension to 2/19/15. Signed by District Judge Aleta A. Trauger on 2/4/15. (afs)
February 3, 2015 Opinion or Order Filing 439 MEMORANDUM in Support of #438 MOTION for Extension of Time to File Joint Proposed Schedule for Remaining Damages Claim Procedure filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
February 3, 2015 Opinion or Order Filing 438 MOTION for Extension of Time to File Joint Proposed Schedule for Remaining Damages Claim Procedure by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
January 28, 2015 Opinion or Order The Clerk's Entry of Judgment at 433 is VACATED per the Order of the Court at #437 . (af)
January 23, 2015 Opinion or Order Filing 437 ORDER: The Kerns Class Plaintiffs Rule 60(a) Motion to Correct Dockets #431 , #432 and 433 (Docket No. #434 ) is GRANTED. The last two sentences of the Order entered January 16, 2015 (Docket No. #432 ) are hereby VACATED as inadvertently included within the Order. There are still matters for the court's consideration. Signed by District Judge Aleta A. Trauger on 1/23/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
January 20, 2015 Opinion or Order Filing 436 DECLARATION of Lisa M. Smith in Support of Kerns Class Plaintiffs' Rule 60(a) Motion to Correct Dockets 431, 432 and 433 (filed 1/16/2015) filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #431 Memorandum Opinion of the Court, 433 Entry of Judgment, #432 Order on Motion for Summary Judgment. (Attachments: #1 Exhibit Ex 1 Additional Case Frigidaire v General Motors)(Smith, Lisa) Modified on 1/22/2015 (afs).
January 20, 2015 Opinion or Order Filing 435 MEMORANDUM in Support of #431 Memorandum Opinion of the Court, 433 Entry of Judgment, #432 Order on Motion for Summary Judgment, filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart Kerns Class Plaintiffs' Memorandum of Law in Support of Their Rule 60(a) Motion to Correct Dockets 431, 432 and 433 (filed 1/16/2015). (Smith, Lisa) Modified on 1/23/2015 (afs).
January 20, 2015 Opinion or Order Filing 434 MOTION to Amend/Correct #431 Memorandum Opinion of the Court, 433 Entry of Judgment, #432 Order on Motion for Summary Judgment Kerns Class Plaintiffs' Rule 60(a) Motion to Correct Dockets 431, 432 and 433 (filed 1/16/2015) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified on 1/22/2015 (afs).
January 16, 2015 Opinion or Order Filing 433 **VACATED per DE 437**Entry of Judgment re #431 Memorandum and #432 Order.(dt) Modified on 1/28/2015 (af).
January 16, 2015 Opinion or Order Filing 432 ORDER: This matter is before the court on cross motions for summary judgment on the claims brought by eight individual class members against Caterpillar, Inc. Docket Nos. #385 (Caterpillar's motion), #409 (Plaintiffs' motion). For the reasons stated in the accompanying Memorandum, judgment is entered for the following plaintiffs: Beverly Carson, Wilma Farrenholz, Hattie Grace, Sharon Houser, Laura Mansfield, Florence Miller, Charlotte Seibert, and Nancy Virden. Caterpillar is also ordered to re-enroll these plaintiffs in its insurance plan without premiums. IT IS SO ORDERED. This Order is the final judgment in this case. The Clerk shall close the file. Signed by District Judge Aleta A. Trauger on 1/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 16, 2015 Opinion or Order Filing 431 MEMORANDUM Signed by District Judge Aleta A. Trauger on 1/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 13, 2014 Opinion or Order Filing 430 REPLY to Response to Motion re #409 MOTION for Summary Judgment Kerns'Class Plaintiffs' Reply Memorandum of Law in Support of Their Motion for Summary Judgment on Certain Damages Issues filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
October 27, 2014 Opinion or Order Filing 429 RESPONSE in Opposition re #409 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Torres, Joseph)
October 27, 2014 Opinion or Order Filing 428 RESPONSE filed by Caterpillar, Inc. re #414 Sealed Document filed by Sandra L. Stewart, Marcia Nalley, UAW Local Union No. 1086 . (Torres, Joseph)
October 15, 2014 Opinion or Order Filing 427 ORDER: Motion #425 GRANTED for extensions as requested. Signed by District Judge Aleta A. Trauger on 10/15/14. (afs)
October 14, 2014 Opinion or Order Filing 426 MEMORANDUM in Support of #425 MOTION for Ten-Day Extension of Briefing Schedule Regarding Plaintiffs' Motion for Summary Judgment on Certain Damages Issues (R. 409) (Agreed) filed by Caterpillar, Inc. . (Torres, Joseph)
October 14, 2014 Opinion or Order Filing 425 MOTION for Ten-Day Extension of Briefing Schedule Regarding Plaintiffs' Motion for Summary Judgment on Certain Damages Issues (R. 409) (Agreed) by Caterpillar, Inc.. (Torres, Joseph)
October 2, 2014 Opinion or Order Filing 424 ORDER: Motion #422 GRANTED for extensions as requested. Signed by District Judge Aleta A. Trauger on 10/2/14. (afs)
October 1, 2014 Opinion or Order Filing 423 MEMORANDUM in Support of #422 Joint MOTION for Ten-Day Extension of Briefing Schedule Regarding Plaintiffs' Motion for Summary Judgment on Certain Damages Issues (R. 409) filed by Caterpillar, Inc., Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Torres, Joseph)
October 1, 2014 Opinion or Order Filing 422 Joint MOTION for Ten-Day Extension of Briefing Schedule Regarding Plaintiffs' Motion for Summary Judgment on Certain Damages Issues (R. 409) by Caterpillar, Inc., Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Torres, Joseph)
September 11, 2014 Opinion or Order Filing 421 ORDER granting #419 Motion for Extension of Time to File Response/Reply re #409 MOTION for Summary Judgment . Signed by District Judge Aleta A. Trauger on 9/11/14. (afs)
September 10, 2014 Opinion or Order Filing 420 MEMORANDUM in Support of #419 Joint MOTION for Extension of Time to File Response/Reply as to #409 MOTION for Summary Judgment filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
September 10, 2014 Opinion or Order Filing 419 Joint MOTION for Extension of Time to File Response/Reply as to #409 MOTION for Summary Judgment by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Proposed Order Proposed Order)(Smith, Lisa)
September 10, 2014 Opinion or Order Filing 418 ORDER granting #413 Motion to Seal Document #414 Sealed Document. Signed by District Judge Aleta A. Trauger on 9/10/14. (afs)
September 10, 2014 Opinion or Order Filing 417 MEMORANDUM in Support of #409 MOTION for Summary Judgment filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (afs)
September 10, 2014 Opinion or Order Filing 416 ORDER granting #410 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 9/10/14. (afs)
September 9, 2014 Opinion or Order Filing 414 Sealed Document LR Statement of Material Facts in Support of Motion for Summary Judgment filed by Marcia Nalley, Sandra L. Stewart, UAW Local Union No. 1086. (Smith, Lisa)
September 9, 2014 Opinion or Order Filing 413 MOTION to Seal Document by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
September 9, 2014 Opinion or Order Filing 412 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #409 MOTION for Summary Judgment . (Attachments: #1 Exhibit 54 Additional Cases)(Smith, Lisa)
September 9, 2014 Opinion or Order Filing 411 MEMORANDUM in Support of #410 MOTION for Leave to File Excess Pages in their Memorandum of Law in Support of thier Motion for Summary Judgment filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
September 9, 2014 Opinion or Order Filing 410 MOTION for Leave to File Excess Pages in their Memorandum of Law in Support of thier Motion for Summary Judgment by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Plaintiffs' Memorandum of Law in Support of their Motion for Summary Judgment)(Smith, Lisa)
September 9, 2014 Opinion or Order Filing 409 MOTION for Summary Judgment by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
August 20, 2014 Opinion or Order Filing 408 ORDER: This matter is before the court on Caterpillar's Motion for Summary Judgment on Damages Issues. (Docket No. #387 ). For the reasons articulated in the accompanying Memorandum, the court rules as follows: The portion of Caterpillar's motion that relates to surviving spouses who were themselves Caterpillar employees is moot, as plaintiffs' class counsel have withdrawn those claims. Signed by District Judge Aleta A. Trauger on 8/20/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
August 20, 2014 Opinion or Order Filing 407 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 8/20/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
June 5, 2014 Opinion or Order Filing 406 ORDER granting #387 Motion for Leave to File Instanter 35 Page Memorandum of Law In Support of its Motion for Summary Judgment on Damages Issues. Signed by District Judge Aleta A. Trauger on 6/5/14. (afs)
May 29, 2014 Opinion or Order Filing 405 REPLY to Response to Motion re #385 MOTION for Summary Judgment on Damages Issues filed by Caterpillar, Inc.. (Torres, Joseph)
May 20, 2014 Opinion or Order Filing 404 NOTICE of Filing by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re #397 Declaration,,,,, Ex 25 with missing page no. 47 (Smith, Lisa)
May 15, 2014 Opinion or Order Filing 415 MEMORANDUM in Support of #385 MOTION for Summary Judgment on Damages Issues filed by Judith K. Kerns. (afs)
May 15, 2014 Opinion or Order Filing 403 ORDER granting #398 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 5/15/14. (afs)
May 15, 2014 Opinion or Order Filing 402 ORDER granting #395 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 5/15/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
May 14, 2014 Opinion or Order Filing 401 DECLARATION of Christina Plonka filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #385 MOTION for Summary Judgment on Damages Issues. (Smith, Lisa)
May 14, 2014 Opinion or Order Filing 400 Sealed Document Response to Defendant's Local Rule 56.01 Statement of Material Facts filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
May 14, 2014 Opinion or Order Filing 399 Sealed Document Exhibits to Lisa M. Smtih Declaration filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit 27 Carson docs, #2 Exhibit 28 Carson dep transcript, #3 Exhibit 29 Dechman docs, #4 Exhibit 30 Dechman 1/24/14 dep transcript, #5 Exhibit 31 Evans docs, #6 Exhibit 32 Farrenholz docs, #7 Exhibit 33 Farrenholz dep transcript, #8 Exhibit 34 Grace docs, #9 Exhibit 35 Naomi grace dep, #10 Exhibit 36 Gulley docs, #11 Exhibit 37 Houser docs, #12 Exhibit 38 Houser dep transcript, #13 Exhibit 39 Kroenlein docs, #14 Exhibit 40 Kroenlein 1/16/14 dep, #15 Exhibit 41 Mansfield docs, #16 Exhibit 42 Mansfield dep, #17 Exhibit 43 Miller docs, #18 Exhibit 44 Miller dep transcript, #19 Exhibit 45 Ramirez docs, #20 Exhibit 46 Spencer docs, #21 Exhibit 47 Street docs, #22 Exhibit 48 Seibert docs, #23 Exhibit 49 Seibert dep transcript, #24 Exhibit 50 Seibert Declaration, #25 Exhibit 51 Virden docs, #26 Exhibit 52 Virden dep transcript, #27 Exhibit 53 Virden Declaration)(Smith, Lisa)
May 14, 2014 Opinion or Order Filing 398 MOTION for Leave to File Document Under Seal by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
May 14, 2014 Opinion or Order Filing 397 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #385 MOTION for Summary Judgment on Damages Issues. (Attachments: #1 Exhibit 1 - Cl Counsel Updated List of 15 people 5/12/2014, #2 Exhibit 2 - 10/5/2011 Cater counsel ltr to Smith, #3 Exhibit 3 - 10/14/2011 Neubauer ltr to Smith, #4 Exhibit 4 - 2/1/2012 Smith ltr to Neubauer, #5 Exhibit 5 - 3/28/2012 Neubauer ltr to Smith redacted, #6 Exhibit 6 - 6/28/2012 Smith ltr to Neubauer, #7 Exhibit 7 - 9/12/2012 Neubauer ltr to Smith, #8 Exhibit 8 - 12/18/2012 Smith email, #9 Exhibit 9 - 3/28/2013 Smith ltr to Caterpillar counsel, #10 Exhibit 10 -5/3/2013 Lehman ltr to Smith, #11 Exhibit 11 - 5/21/2013 Smtih ltr to Barella, #12 Exhibit 12 - 5/31/2013 Lehman ltr, #13 Exhibit 13 - 7/10/13 Lehman ltr, #14 Exhibit 14 10/30/13 Smith ltr, #15 Exhibit 15 12/9/13 Smith ltr, #16 Exhibit 16 1/10/14 Smith ltr, #17 Exhibit 17 1/27/14 Smith ltr, #18 Exhibit 18 1/28/14 smith email, #19 Exhibit 19 2/21/14 smith ltr, #20 Exhibit 20 3/24/14 Barella ltr, #21 Exhibit 21 4/10/14 smith ltr, #22 Exhibit 22 Various decisions, #23 Exhibit 23 Various pleadings and related docs, #24 Exhibit Various pleadings and docs, #25 Exhibit 25 More additional cases)(Smith, Lisa)
May 14, 2014 Opinion or Order Filing 396 MEMORANDUM in Support of #395 MOTION for Leave to File Excess Pages filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
May 14, 2014 Opinion or Order Filing 395 MOTION for Leave to File Excess Pages by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Memo in Law in Opp to Def Mot for SJ)(Smith, Lisa)
May 13, 2014 Opinion or Order Filing 394 ORDER: Motion #392 GRANTED for extension as requested. Signed by District Judge Aleta A. Trauger on 5/13/14. (afs)
May 12, 2014 Opinion or Order Filing 393 MEMORANDUM in Support of #392 MOTION for Extension of Time to File Response/Reply re #385 MOTION for Summary Judgment on Damages Issues filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa) Modified text on 5/12/2014 (tmw).
May 12, 2014 Opinion or Order Filing 392 MOTION for Extension of Time to File Response/Reply re #385 MOTION for Summary Judgment on Damages Issues by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified text on 5/12/2014 (tmw).
May 8, 2014 Opinion or Order Filing 391 ORDER: The Magistrate Judge has been informed by the Honorable Aleta A. Trauger that she will consider the motion herself. Therefore, unless otherwise directed by the Court, there will be no further proceedings before the Magistrate Judge in this case. It is so ORDERED. Judge Magistrate Judge Juliet E. Griffin no longer assigned to case. Signed by Magistrate Judge Juliet E. Griffin on 5/8/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
April 11, 2014 Opinion or Order Filing 390 DECLARATION of Derek G. Barella filed by Caterpillar, Inc. re: #385 MOTION for Summary Judgment on Damages Issues. (Attachments: #1 Exhibit 1 - Excerpts from the Deposition of Beverly Carson, #2 Exhibit 2 - Excerpts from the Deposition of Karen Dechman, #3 Exhibit 3 - Excerpts from the Deposition of Wilma Farrenholz, #4 Exhibit 4 - Excerpts from the Deposition of Imogene Gleichman, #5 Exhibit 5 - Excerpts from the Deposition of Naomi Grace, #6 Exhibit 6 - Excerpts from the Deposition of Sharon Houser, #7 Exhibit 7 - Excerpts from the Deposition of Lori Kroenlein, #8 Exhibit 8 - Excerpts from the Deposition of Laura Mansfield, #9 Exhibit 9 - Excerpts from the Deposition of Florence Miller, #10 Exhibit 10 - Excerpts from the Deposition of Charlotte Seibert, #11 Exhibit 11 - Excerpts from the Deposition of Mary Thomas, #12 Exhibit 12 - Excerpts from the Deposition of Nancy Virden, #13 Exhibit 13 - August 30, 2013 Letter From Class Counsel Lisa Smith, #14 Exhibit 14 - September 26, 2013 Letter From Class Counsel Lisa Smith, #15 Exhibit 15 - January 9, 2014 Letter From Class Counsel Lisa Smith, #16 Exhibit 16 - True and Correct Copies of the Unpublished Cases)(Torres, Joseph)
April 11, 2014 Opinion or Order Filing 389 DECLARATION of David W. Stevens filed by Caterpillar, Inc. re: #385 MOTION for Summary Judgment on Damages Issues. (Torres, Joseph)
April 11, 2014 Opinion or Order Filing 388 MEMORANDUM in Support of #387 MOTION for Leave to File Instanter 35-Page Memorandum of Law in Support of Caterpillar's Motion for Summary Judgment on Damages Issues filed by Caterpillar, Inc. . (Torres, Joseph)
April 11, 2014 Opinion or Order Filing 387 MOTION for Leave to File Instanter 35-Page Memorandum of Law in Support of Caterpillar's Motion for Summary Judgment on Damages Issues by Caterpillar, Inc.. (Attachments: #1 Attachment Memorandum of Law in Support of Caterpillar's Motion for Summary Judgment on Damages Issues)(Torres, Joseph)
April 11, 2014 Opinion or Order Filing 386 STATEMENT of facts Pursuant to Local Rule 56.01 filed by Caterpillar, Inc. in support of #385 Motion for Summary Judgment. (Torres, Joseph)
April 11, 2014 Opinion or Order Filing 385 MOTION for Summary Judgment on Damages Issues by Caterpillar, Inc.. (Torres, Joseph)
March 28, 2014 Opinion or Order Filing 384 ORDER granting #382 Motion for Extension of Time. Signed by Magistrate Judge Juliet E. Griffin on 3/28/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
March 24, 2014 Opinion or Order Filing 383 MEMORANDUM in Support of #382 Joint MOTION for Extension of Time to File filed by Caterpillar, Inc. . (Torres, Joseph)
March 24, 2014 Opinion or Order Filing 382 Joint MOTION for Extension of Time to File by Caterpillar, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Torres, Joseph)
February 28, 2014 Opinion or Order Filing 381 ORDER: The parties' joint motion for extension of time (Docket Entry No. #379 ) is GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 2/27/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
February 21, 2014 Opinion or Order Filing 380 MEMORANDUM in Support of #379 Joint MOTION to Modify the Briefing Schedule filed by Caterpillar, Inc., Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Torres, Joseph)
February 21, 2014 Opinion or Order Filing 379 Joint MOTION to Modify the Briefing Schedule by Caterpillar, Inc., Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Torres, Joseph)
December 26, 2013 Opinion or Order Filing 378 ORDER granting #376 Motion for Extension of Time. Signed by Magistrate Judge Juliet E. Griffin on 12/26/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
December 18, 2013 Opinion or Order Filing 377 MEMORANDUM in Support of #376 Joint MOTION for Extension of Time to Complete Discovery filed by Caterpillar, Inc., Judith K. Kerns . (Torres, Joseph)
December 18, 2013 Opinion or Order Filing 376 Joint MOTION for Extension of Time to Complete Discovery by Caterpillar, Inc., Judith K. Kerns. (Attachments: #1 Proposed Order *)(Torres, Joseph)
October 4, 2013 Opinion or Order Filing 375 ORDER: Pursuant to the order entered September 5, 2013 (Docket Entry No. #372 ), counsel for the parties called the Court on October 3, 2013, at which time the following matters were addressed:The class plaintiffs' motion to extend one portion of the Section 2(B) September 26, 2013, due date in scheduling order (Docket Entry No. #373 ) was GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 10/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified TEXT on 10/17/2013 (afs).
October 3, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 10/3/2013; ORDER to enter. (jwc)
September 26, 2013 Opinion or Order Filing 374 MEMORANDUM in Support of #373 MOTION to extend one portion of the Section 2(b) 9/26/2013 due date in scheduling order re #372 Order,, Terminate Motions,, Set Hearings, filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
September 26, 2013 Opinion or Order Filing 373 MOTION to extend one portion of the Section 2(b) 9/26/2013 due date in scheduling order re #372 Order,, Terminate Motions,, Set Hearings, by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
September 5, 2013 Opinion or Order Filing 372 ORDER: The class plaintiffs' motion to extend only the Section 2(B) August 30, 2013 due date in scheduling order (Docket Entry No. #370 ) is GRANTED. The parties shall convene a telephone conference call with the Court on Thursday, October 3, 2013, at 12:00 noon. Signed by Magistrate Judge Juliet E. Griffin on 9/5/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
September 3, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 9/3/2013; further telephone conference set for 10-3-13 at 12:00 noon; ORDER to enter. (jwc)
August 30, 2013 Opinion or Order Filing 371 MEMORANDUM in Support of #370 MOTION Extend Only the Section 2(B) August 30, 2013 Due Date in Scheduling Order re #369 Order on Motion for Miscellaneous Relief, filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
August 30, 2013 Opinion or Order Filing 370 MOTION Extend Only the Section 2(B) August 30, 2013 Due Date in Scheduling Order re #369 Order on Motion for Miscellaneous Relief, by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
August 16, 2013 Opinion or Order Filing 369 ORDER: The plaintiffs' motion to extend the August 16, 2013, dates in scheduling order and for expedited treatment (Docket Entry No. #367 ) is GRANTED. The deadlines provided in the order entered July 26, 2013 (Docket Entry No. #366 ) are extended as follows: Signed by Magistrate Judge Juliet E. Griffin on 8/16/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
August 15, 2013 Opinion or Order Filing 368 MEMORANDUM in Support of #367 MOTION To Extend the August 16, 2013 Dates in Scheduling order and for Expedited Treatment filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart . (Smith, Lisa)
August 15, 2013 Opinion or Order Filing 367 MOTION To Extend the August 16, 2013 Dates in Scheduling order and for Expedited Treatment by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
July 26, 2013 Opinion or Order Filing 366 ORDER: The plaintiffs' motion to extend July 26, 2013 dates in scheduling order and for expedited treatment (Docket Entry No. #364 ) is GRANTED. The deadlines provided in the order entered June 7, 2013 (Docket Entry No. #363 ) are extended as follows: The conference call with counsel for the parties and the Court is RESCHEDULED from August 14, 2013, to Tuesday, September 3, 2013, at 1:00 p.m., central time, to be initiated by defendant's counsel, to address extended deadlines for the parties to brief the issue of whether the surviving spouses of Caterpillar retirees who were or are themselves Caterpillar employees are entitled to surviving spouse coverage, as provided in Section 1(d) of the April 22, 2013, order. Signed by Magistrate Judge Juliet E. Griffin on 7/26/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
July 26, 2013 Opinion or Order Note to Filer re DE# 364 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (afs)
July 25, 2013 Opinion or Order Filing 365 RESPONSE to Motion re #364 MOTION to Amend/Correct #363 Order,, Set Hearings, Extend July 26, 2013 Dates and for Expedited Treatment filed by Caterpillar, Inc.. (Torres, Joseph)
July 25, 2013 Opinion or Order Filing 364 MOTION to Amend/Correct #363 Order Extend July 26, 2013 Dates and for Expedited Treatment by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Attachment Memorandum in Support of Motion)(Smith, Lisa) Modified on 7/25/2013 (afs).
June 7, 2013 Opinion or Order Filing 363 ORDER: Telephone Conference set for 8/14/2013 11:00 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 6/7/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 6/10/2013 (hb).
June 6, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Case Management Conference held on 6/6/2013; ORDER to enter. (jwc)
June 4, 2013 Opinion or Order Filing 362 ORDER: The parties' joint motion to modify scheduling order (Docket Entry No. 361) is GRANTED, and the following deadlines are extended: (SEE ORDER FOR DETAILS) Signed by Magistrate Judge Juliet E. Griffin on 6/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
May 31, 2013 Opinion or Order Filing 361 Joint MOTION Motion to Modify Scheduling Order re #360 Order by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Proposed Order)(Smith, Lisa) Modified on 6/3/2013 (afs).
April 22, 2013 Opinion or Order Filing 360 ORDER: Having considered the Joint Status Report (Dkt. 357) submitted by Plaintiffs and Caterpillar and the parties' positions as expressed during the April 4, 2013 hearing, the Court hereby enters the following scheduling order pertaining to the damages phase of this proceeding at this time: (SEE ORDER FOR DETAILS) - Telephone Conference set for 6/6/2013 01:00 PM before Magistrate Judge Juliet E. Griffin.). Signed by Magistrate Judge Juliet E. Griffin on 4/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
April 22, 2013 Opinion or Order Filing 359 ORDER: The parties' proposed damages phase class schedules, designated by the parties as motions (Docket Entry Nos. 345 and 346), are rendered MOOT and/or premature and the Clerk is directed to terminate those filings as pending motions. As provided in the contemporaneously entered order, counsel for the parties shall convene a telephone conference call with the Court on Thursday, June 6, 2013, at 1:00 p.m., central time, to be initiated by defendant's counsel, to address the matters set forth in the contemporaneously entered order. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 4/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
April 9, 2013 Opinion or Order Filing 358 NOTICE of Filing by Caterpillar, Inc., Judith K. Kerns, Marcia Nalley, Sandra L. Stewart (Attachments: #1 Proposed Order Setting Deadlines Pertaining to Damages Phase)(Eastwood, Lawrence)
April 4, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Status Conference held on 4/4/2013; ORDER to enter. (Tape #G2013-036, 037.) (jwc)
March 29, 2013 Opinion or Order Filing 357 STATUS REPORT (Joint) by Caterpillar, Inc., Judith K. Kerns. (Torres, Joseph)
March 11, 2013 Opinion or Order Filing 356 ORDER: A hearing is scheduled on Thursday, April 4, 2013, at 1:00 p.m., central time, in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN, to address all remaining damages issues, in accord with the order entered December 21, 2012 (Docket Entry No. 349). By March 29, 2013, the parties shall file a joint status report, indicating what progress the parties have made and all subsequent proposed deadlines. If the parties cannot agree upon events or deadlines, they shall indicate their different positions in the joint status report, with an explanation of their differences. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
February 4, 2013 Opinion or Order Filing 355 ORDER granting #354 Motion to Withdraw as Attorney. Attorney Lauren Baird Neubauer terminated. Signed by District Judge Aleta A. Trauger on 2/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
February 1, 2013 Opinion or Order Filing 354 MOTION to Withdraw as Attorney by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Letter of notice)(Neubauer, Lauren)
January 17, 2013 Opinion or Order Filing 353 ORDER granting #351 Motion for Heather S. Lehman to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/17/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
January 17, 2013 Opinion or Order BAR STATUS for Attorney, Heather S. Lehman of IL verified as active on this date. (afs)
January 16, 2013 Opinion or Order Filing 352 CERTIFICATE OF GOOD STANDING of Attorney Heather S. Lehman from the United States District Court for the Northern District of Illinois filed by Caterpillar, Inc.. (Eastwood, Lawrence)
January 16, 2013 Opinion or Order Filing 351 MOTION for attorney(s) Heather S. Lehman to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1443490) by Caterpillar, Inc.. (Eastwood, Lawrence)
January 11, 2013 Opinion or Order Filing 350 ORDER granting #347 Motion to Withdraw as Attorney. Attorney Meagan Brooke Dolleris terminated. Signed by District Judge Aleta A. Trauger on 1/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
December 21, 2012 Opinion or Order Filing 349 ORDER: The Order referring damages issues to Magistrate Judge Brown (Docket No. 348) is VACATED. It is hereby ORDERED that the remaining damages issues in this case are REFERRED to Magistrate Judge Griffin for disposition. It is so ORDERED.ENTER this 21st day of December 2012. Signed by District Judge Aleta A. Trauger on 12/21/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
December 20, 2012 Opinion or Order Filing 348 ORDER: It is hereby ORDERED that the remaining damages issues in this case are REFERRED to Magistrate Judge Brown for disposition. It is so ORDERED. ENTER this 20th day of December 2012. Signed by District Judge Aleta A. Trauger on 12/20/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
December 20, 2012 Opinion or Order Filing 347 First MOTION to Withdraw as Attorney by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Dolleris, Meagan)
December 20, 2012 Opinion or Order Filing 346 MOTION as to Class Plaintiffs' Proposed Damages Schedule by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa) Modified on 12/21/2012 (af).
December 20, 2012 Opinion or Order Filing 345 MOTION as to Defendant's Proposed Damages Phase Schedule by Caterpillar, Inc.. (Neubauer, Lauren) Modified on 12/21/2012 (af).
December 20, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Telephone Status Conference held on 12/20/2012. (kb)
December 4, 2012 Opinion or Order Filing 344 ORDER: It is hereby ORDERED that the telephone conference scheduled for December 20, 2012 at 1:00 p.m. is RESET for the same day at 1:15 p.m. It is so ORDERED. ENTER this 4th day of December 2012. Signed by District Judge Aleta A. Trauger on 12/4/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
November 15, 2012 Opinion or Order Filing 343 ORDER: A telephone conference was held with counsel for the parties on November 15, 2012. It is hereby ORDERED that another telephone status conference shall be held on December 20, 2012 at 1:00 p.m. CST, unless an agreed proposed damages schedule has been filed by 12:00 noon CST on December 19, 2012. If that timely filing is made, the court will enter an order cancelling the telephone conference scheduled for December 20, 2012. Counsel shall call (615) 695-2858 at the appointed time in order to participate in the conference, if it is held. It is so ORDERED. ENTER this 15th day of November 2012. Signed by District Judge Aleta A. Trauger on 11/15/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
October 19, 2012 Opinion or Order Filing 342 ORDER: Motion GRANTED. Telephone Conference reset for 11/15/12 at 1:00 p.m. CST re DE #340 . Signed by District Judge Aleta A. Trauger on 10/19/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
October 19, 2012 Opinion or Order Filing 341 ORDER: Motion DENIED as MOOT. #339 Motion to Continue. Signed by District Judge Aleta A. Trauger on 10/19/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
October 19, 2012 Opinion or Order Filing 340 Amended MOTION to Continue Unopposed Motion to Reschedule Telephonic Status Conference Currently Set for October 23, 2012 at 12:30 p.m. by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
October 19, 2012 Opinion or Order Note to Filer re DE#s 339 and 340 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (afs)
October 18, 2012 Opinion or Order Filing 339 MOTION to Continue Kerns Class Plaintiffs' Motion to Reschedule Telephonic Status Conference Currently Set for October 23, 2012 at 12:30 p.m. by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
August 27, 2012 Opinion or Order Filing 338 ORDER: It is hereby ORDERED that the telephone conference scheduled for October 23, 2012 at 2:00 p.m. CST is RESET for the same day at 12:30 p.m. CST. Counsel shall call (615) 695-2858 at the appointed time in order to participate in the conference. It is so ORDERED. ENTER this 27th day of August 2012. Signed by District Judge Aleta A. Trauger on 8/27/12. (afs)
August 7, 2012 Opinion or Order Filing 337 ORDER: It is hereby ORDERED that a telephonic status conference will be held with counsel for the parties on Tuesday, October 23, 2012, at 2:00 p.m. CST. Counsel shall call (615) 695-2858 at the appointed time in order to participate in the conference. It is so ORDERED. ENTER this 7th day of August 2012. Signed by District Judge Aleta A. Trauger on 8/7/12. (afs)
August 6, 2012 Opinion or Order Filing 336 STATUS REPORT (JOINT) by Caterpillar, Inc.. (Neubauer, Lauren)
June 5, 2012 Opinion or Order Filing 335 ORDER: Pursuant to the #334 Joint Status Report, it is hereby ORDERED that, by 8/6/12, the parties shall file another joint status report. Signed by District Judge Aleta A. Trauger on 6/5/12. (rd)
June 4, 2012 Opinion or Order Filing 334 JOINT STATUS REPORT by Caterpillar, Inc.. (Neubauer, Lauren) Modified on 6/5/2012 (afs).
April 3, 2012 Opinion or Order Filing 333 ORDER: It is hereby ORDERED that the parties shall file another joint status report by June 4, 2012. It is so ORDERED. ENTER this 3rd day of April 2012. Signed by District Judge Aleta A. Trauger on 4/3/12. (afs)
April 2, 2012 Opinion or Order Filing 332 STATUS REPORT (JOINT) by Caterpillar, Inc.. (Neubauer, Lauren)
January 31, 2012 Opinion or Order Filing 331 ORDER: It is hereby ORDERED that another joint status report shall be filed by Monday, April 2, 2012. It is so ORDERED. ENTER this 31st day of January 2012. Signed by District Judge Aleta A. Trauger on 1/31/12. (af)
January 30, 2012 Opinion or Order Filing 330 STATUS REPORT (JOINT) by Caterpillar, Inc.. (Neubauer, Lauren)
January 27, 2012 Opinion or Order Filing 329 NOTICE by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America OF WITHDRAWAL OF COUNSEL (Garrison, David)
January 19, 2012 Opinion or Order Filing 328 ORDER: By 1/30/2012, the parties shall file a joint status report, informing the court of the status of their damages discovery, with suggestions as to a way forward to conclude this case. Signed by District Judge Aleta A. Trauger on 1/19/12. (dt)
June 24, 2011 Opinion or Order Filing 327 ORDER: For the reasons expressed in the accompanying Memorandum, Caterpillar's Motion for Restitution in Winnett (Docket No. 517) is DENIED. Caterpillar's Motion for Certification in Winnett (Docket No. 519) is DENIED AS MOOT. As a housekeeping matter, the motion pending as Winnett Docket No. 506 is TERMED, as the issues in that motion have been long settled by the parties. Winnett is DISMISSED, and entry of this order shall constitute the judgment in that case. In Kerns, Caterpillar's Motion for Certification (Docket No. 314) is DENIED, and, as a housekeeping matter, the motion pending as Kerns Docket No. 297 is TERMED, as, likewise, the issues in that motion have been settled by the parties. It is so ordered. Signed by District Judge Aleta A. Trauger on 6/24/11. (tmw)
June 24, 2011 Opinion or Order Filing 326 MEMORANDUM. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 6/24/11. (tmw)
June 22, 2011 Opinion or Order Filing 325 REPLY filed by Caterpillar, Inc to Opposition to #314 MOTION for Certification of Final Judgment. (af)
June 22, 2011 Opinion or Order Filing 324 ORDER granting #323 motion for leave to file instanter Caterpillar's reply to UAW and plaintiffs' opposition to motion for certification of final judgment. Signed by District Judge Aleta A. Trauger on 6/22/11. (af)
June 21, 2011 Opinion or Order Filing 323 MOTION for Leave to file Instanter re #314 MOTION for Certification of Final Judgment by Caterpillar, Inc.. (Attachments: #1 Reply Memorandum in Support of Caterpillar's Motion for Certification of Final Judgment)(Torres, Joseph)
June 2, 2011 Opinion or Order Filing 322 RESPONSE in Opposition re #314 MOTION for Certification of Final Judgment filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Exhibit A - Unpublished Decisions)(Clash-Drexler, Matthew)
June 2, 2011 Opinion or Order Filing 321 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #314 MOTION for Certification of Final Judgment, #320 Response in Opposition to Motion,. (Smith, Lisa)
June 2, 2011 Opinion or Order Filing 320 RESPONSE in Opposition re #314 MOTION for Certification of Final Judgment Kerns' Class Plaintiffs' Response Brief in Opposition to Caterpillar's Motion for Certification of Final Judgment as to Its Third-Party Claims Against the UAW filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Ex. A Siddle v. Crants Case)(Smith, Lisa)
May 10, 2011 Opinion or Order Filing 319 ORDER granting #318 Motion for Extension of Time to File Response/Reply re #314 MOTION for Certification of Final Judgment. It is FURTHER ORDERED that the responses to Caterpillar's for certification of final judgment is to be filed no later than June 2, 2011. Signed by District Judge Aleta A. Trauger on 5/10/2011. (hb)
May 5, 2011 Opinion or Order Filing 318 MOTION for Extension of Time to File Response/Reply as to #314 MOTION for Certification of Final Judgment by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Proposed Order)(Clash-Drexler, Matthew)
April 27, 2011 Opinion or Order Filing 317 ORDER denying #300 Motion to Amend Class Description. Signed by District Judge Aleta A. Trauger on 4/27/2011. (hb)
April 27, 2011 Opinion or Order Filing 316 MEMORANDUM signed by District Judge Aleta A. Trauger on 4/27/2011. (hb)
April 25, 2011 Opinion or Order Filing 315 MEMORANDUM in Support of #314 MOTION for Certification of Final Judgment filed by Caterpillar, Inc.. (Attachments: #1 Exhibit 1)(Torres, Joseph)
April 25, 2011 Opinion or Order Filing 314 MOTION for Certification of Final Judgment by Caterpillar, Inc.. (Torres, Joseph)
April 11, 2011 Opinion or Order Filing 313 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #310 Reply to Response to Motion. (Smith, Lisa)
April 11, 2011 Opinion or Order Filing 312 Additional Attachments to Main Document re: #310 Reply to Response to Motion. (Attachments: #1 Exhibit Gilbert Pls Brief Oppose Defs Proposed Final Order)(Smith, Lisa)
April 11, 2011 Opinion or Order Filing 311 Additional Attachments to Main Document re: #310 Reply to Response to Motion. (Attachments: #1 Exhibit String of various emails relating to discovery)(Smith, Lisa)
April 11, 2011 Opinion or Order Filing 310 REPLY to Response to Motion re #300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
April 4, 2011 Opinion or Order Filing 309 STIPULATION of Dismissal by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
March 28, 2011 Opinion or Order Filing 308 DECLARATION of Derek G. Barella filed by Caterpillar, Inc. re: #307 Response in Opposition to Motion,,. (Torres, Joseph)
March 28, 2011 Opinion or Order Filing 307 RESPONSE in Opposition re #300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description filed by Caterpillar, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit 1. True and correct copy of the letter Defendants counsel sent to Plaintiffs' Counsel, Lisa M. Smith, on April 30, 2008;, #3 Exhibit 2. Compendium of Unpublished Decisions;, #4 Exhibit 3. True and correct copy of the Docket Report for Case No. 3:99-cv-07395-DAK (N.D. Ohio).)(Torres, Joseph)
March 22, 2011 Opinion or Order Filing 306 ORDER: The matter before the Court is the UAW's motion for an extension of time to file its response to Caterpillar's motion for summary judgment regarding the UAW's counterclaims. For good cause shown, It is ORDERED that the UAW's motion is GRANTED. It is FURTHER ORDERED that the UAW's response to Caterpillar's motion for summary judgment is to be filed no later than April 4, 2011. Signed by District Judge Aleta A. Trauger on 3/22/2011. (hb)
March 22, 2011 Opinion or Order Filing 305 ORDER granting #304 Motion for Extension of Time to File Response/Reply re #297 MOTION for Summary Judgment. Signed by District Judge Aleta A. Trauger on 3/22/2011. (hb)
March 21, 2011 Opinion or Order Filing 304 MOTION for Extension of Time to File Response/Reply as to #297 MOTION for Summary Judgment by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Proposed Order)(Clash-Drexler, Matthew)
March 11, 2011 Opinion or Order Filing 303 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description, #301 Memorandum in Support, #302 Declaration. (Attachments: #1 Exhibit Ex. 1 part 1 of 3 Additional Cases, #2 Exhibit Ex. 1 part 2 of 3 Additional Cases, #3 Exhibit Ex. 1 part 3 of 3 Additional Cases, #4 Exhibit Plaintiffs' First Interrogatories to Defendant, #5 Exhibit Plaintiffs' First Request for Production of Documents to Defendant)(Smith, Lisa)
March 11, 2011 Opinion or Order Filing 302 DECLARATION of Lisa M. Smith filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description, #301 Memorandum in Support,. (Smith, Lisa)
March 11, 2011 Opinion or Order Filing 301 MEMORANDUM in Support of #300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart Memorandum of Law in Support of Class Plaintiffs' Motion to Amend Class Description. (Smith, Lisa)
March 11, 2011 Opinion or Order Filing 300 MOTION Amend Class Description Class Plaintiffs' Motion to Amend Class Description by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
March 2, 2011 Opinion or Order Filing 299 STATEMENT of facts filed by Caterpillar, Inc. in support of #297 Motion for Summary Judgment. (hb)
March 2, 2011 Opinion or Order Filing 298 MEMORANDUM in Support of #297 MOTION for Summary Judgment on Third-Party Defendants' Contingent Counterclaims filed by Caterpillar, Inc. (hb)
March 2, 2011 Opinion or Order Filing 297 MOTION for Summary Judgment by Caterpillar, Inc. (hb)
March 2, 2011 Opinion or Order Filing 296 MEMORANDUM AND ORDER: Caterpillar's Motion for Leave to FILE INSTANTER MOTION FOR SUMMARY JUDGMENT ON THIRD-PARTY DEFENDANTS' CONTINGENT COUNTERCLAIMS #285 is GRANTED. Caterpillar shall file the motion and accompanying documents within five days of this Order. Once the motion is filed, the UAW will have 21 days to respond, and Caterpillar will have 14 days to file any reply. Signed by District Judge Aleta A. Trauger on 3/2/2011. (hb) Modified text on 3/2/2011 (hb).
March 1, 2011 Opinion or Order Filing 295 REPLY filed by Caterpillar, Inc. re #285 Motion for Leave, filed by Caterpillar, Inc.. (Torres, Joseph)
February 25, 2011 Opinion or Order Filing 294 RESPONSE in Opposition re #285 MOTION for Leave to FILE INSTANTER MOTION FOR SUMMARY JUDGMENT ON THIRD-PARTY DEFENDANTS' CONTINGENT COUNTERCLAIMS filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
February 18, 2011 Opinion or Order Filing 293 STATUS REPORT (Submitted By All Parties) by Caterpillar, Inc., International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Judith K. Kerns, UAW Local Union No. 1086. (Torres, Joseph)
February 16, 2011 Opinion or Order Filing 292 ORDER GRANTING #290 THIRD-PARTY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ITS RESPONSE TO #285 CATERPILLAR'S MOTION FOR LEAVE TO FILE ITS MOTION FOR SUMMARY JUDGMENT ON THE UAW'S COUNTERCLAIMS. The UAW's response is to be filed no later that February 25, 2011. Signed by District Judge Aleta A. Trauger on 2/16/2011. (hb)
February 16, 2011 Opinion or Order Filing 291 ORDER granting #290 Motion for Extension of Time to File Its Response to Caterpillar's Motion for Leave to File Its Motion for Summary Judgment on the UAW's Counterclaims. Signed by District Judge Aleta A. Trauger on 2/16/2011. (hb)
February 14, 2011 Opinion or Order Filing 290 MOTION for Extension of Time to File Response/Reply to Caterpillar's Motion For Leave to File its Motion for Summary Judgment on the UAW's Counterclaims by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Proposed Order)(Clash-Drexler, Matthew)
February 10, 2011 Opinion or Order Filing 289 ORDER: Pltfs' #287 Motion for atty Meagan B. Dolleris to Appear Pro Hac Vice is GRANTED. Signed by District Judge Aleta A. Trauger on 2/10/11. (rd)
February 9, 2011 Opinion or Order Filing 288 CERTIFICATE OF GOOD STANDING of Attorney Meagan B. Dolleris from the United States District Court for the Eastern of Michigan filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
February 9, 2011 Opinion or Order Filing 287 MOTION for attorney(s) Meagan B. Dolleris to Appear Pro Hac Vice Motion for Permissioin to Appear and Participate Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1022002) by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
January 31, 2011 Opinion or Order Filing 286 ORDER: A telephone conference was held with counsel for the parties in both of these cases on January 31, 2011. It is hereby ORDERED that, by February 18, 2011, the parties shall file an agreed order for the court's consideration proposing processes and briefing schedules for the disposition of the remaining issues in these two cases, as discussed in the telephone conference. Signed by District Judge Aleta A. Trauger on 1/31/2011. (hb)
January 31, 2011 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Telephone Conference held on 1/31/2011 regarding briefing schedules and/or stipulations. (kb)
January 28, 2011 Opinion or Order Filing 285 MOTION for Leave to FILE INSTANTER MOTION FOR SUMMARY JUDGMENT ON THIRD-PARTY DEFENDANTS' CONTINGENT COUNTERCLAIMS by Caterpillar, Inc.. (Attachments: #1 Motion for Summary Judgment, #2 Memo ISO Motion for Summary Judgment, #3 Statement of Facts)(Torres, Joseph)
January 26, 2011 Opinion or Order Filing 284 ORDER granting #282 Motion for Lauren Baird Neubauer to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/26/2011. (hb)
January 26, 2011 Opinion or Order E-mail sent to Atty. Lauren Baird Neubauer regarding mandatory CM/ECF registration. (hb)
January 26, 2011 Opinion or Order Bar status for Atty. Lauren Baird Neubauer of IL verified as active on this date. (hb)
January 25, 2011 Opinion or Order Filing 283 CERTIFICATE OF GOOD STANDING of Attorney Lauren Baird Neubauer from the United States District Court for the Northern of Illinois filed by Caterpillar, Inc.. (Torres, Joseph)
January 25, 2011 Opinion or Order Filing 282 MOTION for attorney(s) Lauren Baird Neubauer to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1012718) by Caterpillar, Inc.. (Torres, Joseph)
January 12, 2011 Opinion or Order Filing 281 ORDER: For the reasons expressed in the accompanying Memorandum, the defendant's Motion to Reconsider in Winnett (Docket No. 475) is GRANTED, and the plaintiffs' claims in that case are now all DISMISSED and the injunction issued on October 16, 2008 is hereby DISSOLVED. The defendant's Motion to Reconsider in Kerns #266 is DENIED, and the court's liability findings in that case are unchanged. It is further ORDERED that a telephone conference will be held with counsel on January 31, 2011 at 2:30 CST to discuss how to proceed as to the remaining issues in these cases. Signed by District Judge Aleta A. Trauger on 1/12/2011. (hb)
January 12, 2011 Opinion or Order Filing 280 MEMORANDUM signed by District Judge Aleta A. Trauger on 1/12/2011. (hb)
January 4, 2011 Opinion or Order Filing 279 REPLY to Response to Motion re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling filed by Caterpillar, Inc.. (hb)
January 4, 2011 Opinion or Order Filing 278 ORDER granting #277 Motion for Leave to File a Reply. Signed by District Judge Aleta A. Trauger on 1/4/2011. (hb)
January 3, 2011 Opinion or Order Filing 277 MOTION for Leave to to file instanter Caterpillar's Reply re #276 Response in Opposition to Motion by Caterpillar, Inc.. (Attachments: #1 Attachment Reply Memorandum in Support of Caterpillar's Motion for Reconsideration)(Torres, Joseph)
December 15, 2010 Opinion or Order Filing 276 RESPONSE in Opposition re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (hb)
December 14, 2010 Opinion or Order Filing 275 ORDER granting #272 Motion for Leave to File an Oversized Memorandum of Law. Signed by District Judge Aleta A. Trauger on 12/14/2010. (hb)
December 13, 2010 Opinion or Order Filing 274 DECLARATION of Lisa M. Smith in Support of the Kerns Class Plaintiffs' Response to Defendant Caterpillar's Motion for Reconsideration of Court's Summary Judgment Ruling as to Liability filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart re: #272 MOTION for Leave to Leave to File an Oversized Memorandum of Law re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Unopposed Motion MOTION for Leave to Leave to File an Oversized Memorandum of Law re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Unopposed Motion, #273 Memorandum in Support, #266 MOTION for Reconsideration of Court's Summary Judgment Ruling. (Attachments: #1 Exhibit A Stevens Dep Transcript 7/11/07, #2 Exhibit B Additional Cases)(Smith, Lisa)
December 13, 2010 Opinion or Order Filing 273 MEMORANDUM in Support of #272 MOTION for Leave to Leave to File an Oversized Memorandum of Law re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Unopposed Motion MOTION for Leave to Leave to File an Oversized Memorandum of Law re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Unopposed Motion filed by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
December 13, 2010 Opinion or Order Filing 272 MOTION for Leave to Leave to File an Oversized Memorandum of Law re #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Unopposed Motion by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Attachments: #1 Exhibit Kerns Class Plaintiffs' Memo of Law in Opposition to Defendant Caterpillar's Motion for Reconsideration of Court's Summary Judgment Ruling as to Liability)(Smith, Lisa)
October 26, 2010 Opinion or Order Filing 271 ORDER: The Plaintiffs' Joint Motion For Coordinated Briefing Schedule And Extension of Time to Respond #269 is GRANTED. It is hereby ORDERED that the plaintiffs shall respond to the defendant's Motion For Reconsideration of Courts Summary Judgment Ruling #266 by December 13, 2010. Signed by District Judge Aleta A. Trauger on 10/26/2010. (hb)
October 25, 2010 Opinion or Order Filing 270 MEMORANDUM in Support of #269 Joint Motion for Coordinated Briefing Schedule and Extension of Time(Smith, Lisa) Modified text on 10/26/2010 (hb).
October 25, 2010 Opinion or Order Filing 269 Joint MOTION for Extension of Time to File Response/Reply as to #268 Order, #266 MOTION for Reconsideration of Court's Summary Judgment Ruling Plaintiffs' Joint Motion for Coordinated Briefing Schedule and Extension of Time to Respond by Judith K. Kerns, Marcia Nalley, Sandra L. Stewart. (Smith, Lisa)
October 22, 2010 Opinion or Order Filing 268 ORDER: It is hereby ORDERED that the plaintiffs shall respond to the defendant's Motion for Reconsideration of Court's Summary Judgment Ruling (Docket No. 266) by November 5, 2010. It is so ORDERED. ENTER this 22nd day of November 2010. Signed by District Judge Aleta A. Trauger on 10/22/10. (af)
October 20, 2010 Opinion or Order Filing 267 MEMORANDUM in Support of #266 MOTION for Reconsideration of Court's Summary Judgment Ruling filed by Caterpillar, Inc.. (Torres, Joseph)
October 20, 2010 Opinion or Order Filing 266 MOTION for Reconsideration of Court's Summary Judgment Ruling by Caterpillar, Inc.. (Torres, Joseph)
May 21, 2010 Opinion or Order Filing 265 ORDER granting #264 Motion to Withdraw as Attorney. Attorney Gerald E. Martin terminated. Signed by District Judge Aleta A. Trauger on 5/21/10. (dt)
May 20, 2010 Opinion or Order Filing 264 MOTION to Withdraw as Attorney by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Martin, Gerald)
March 26, 2010 Opinion or Order Filing 263 ORDER: For the reasons expressed in the accompanying Memorandum, the Motion for Summary Judgment filed by the third-party defendant, the International Union, UAW #207 is GRANTED and Caterpillar's Motion to Re-Open Discovery for the Limited Purpose of Deposing Roger J. McClow, or in the Alternative, to Strike the Declaration of Roger J. McClow #259 is DENIED. Caterpillars Third-Party Complaint against the UAW is DISMISSED. The Motions for Summary Judgment filed by Kerns plaintiffs #213 and by Caterpillar #214 are GRANTED IN PART AND DENIED IN PART as described in the attached Memorandum. As the liability issues that would have been the subject of the June 2010 and August 2010 trials set in these cases have been resolved, those trial settings will be removed from the calendar. The parties have indicated that additional discovery into damages will be necessary. Signed by District Judge Aleta A. Trauger on 3/26/10. (dt)
March 26, 2010 Opinion or Order Filing 262 MEMORANDUM. Signed by District Judge Aleta A. Trauger on 3/26/10. (dt)
March 18, 2010 Opinion or Order Filing 261 DECLARATION of Derek G. Barella filed by Caterpillar, Inc. re: #259 MOTION TO RE-OPEN DISCOVERY FOR THE LIMITED PURPOSE OF DEPOSING ROGER J. McCLOW , OR IN THE ALTERNATIVE MOTION to Strike THE DECLARATION OF ROGER J. McCLOW (R. 455). (Attachments: #1 Exhibit 1 - True and correct copy of the letter Defendant's counsel received from Plaintiffs' Counsel, Michael M. Mulder, on June 4, 2009, #2 Exhibit 2 - True and correct copies of excerpts from the depositions of, respectively, James Richard Atwood (identified as Richard Atwood in his 7/30/09 deposition), Calvin Rapson, and David Chapman)(Torres, Joseph)
March 18, 2010 Opinion or Order Filing 260 MEMORANDUM in Support of #259 MOTION TO RE-OPEN DISCOVERY FOR THE LIMITED PURPOSE OF DEPOSING ROGER J. McCLOW , OR IN THE ALTERNATIVE MOTION to Strike THE DECLARATION OF ROGER J. McCLOW (R. 455) filed by Caterpillar, Inc.. (Torres, Joseph)
March 18, 2010 Opinion or Order Filing 259 MOTION TO RE-OPEN DISCOVERY FOR THE LIMITED PURPOSE OF DEPOSING ROGER J. McCLOW , OR IN THE ALTERNATIVE, MOTION to Strike THE DECLARATION OF ROGER J. McCLOW (R. 455) by Caterpillar, Inc.. (Torres, Joseph)
March 1, 2010 Opinion or Order Filing 258 ORDER granting #254 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 3/1/10. (dt)
March 1, 2010 Opinion or Order Filing 257 DECLARATION of Matthew Clash-Drexler filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Clash-Drexler, Matthew)
February 26, 2010 Opinion or Order Filing 256 Sealed Document THIRD-PARTY DEFENDANTS RESPONSE TO CATERPILLARS LOCAL RULE 56.01 STATEMENT OF ADDITIONAL MATERIAL FACTS filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
February 26, 2010 Opinion or Order Filing 255 Sealed Document REPLY MEMORANDUM OF LAW IN SUPPORT OF THIRD-PARTY DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
February 26, 2010 Opinion or Order Filing 254 Third Party MOTION for Leave to File Document Under Seal Reply Memorandum in Support of Summary Judgment and Memorandum in Support Thereof by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Declaration of Matthew Clash-Drexler, #2 Exhibit 1 to Declaration of Matthew Clash-Drexler - Rapson Depo Exh 4, #3 Exhibit 2 to Declaration of Matthew Clash-Drexler - PI Transcript Excerpts, #4 Exhibit 3 to Declaration of Matthew Clash-Drexler - Unpublished Cases)(Clash-Drexler, Matthew)
February 26, 2010 Opinion or Order Filing 253 REPLY to Response to Motion re #214 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Torres, Joseph)
February 26, 2010 Opinion or Order Filing 252 DECLARATION of Lisa M. Smith filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability, #214 MOTION for Summary Judgment. (Attachments: #1 Exhibit 52 6/17/2009 Excerpts of Transcript of Glynn Dep, #2 Exhibit 53 Additional Case George v Vought Aircraft Industries, Inc.)(Smith, Lisa)
February 26, 2010 Opinion or Order Filing 251 RESPONSE to #247 STATEMENT of Additional Material Facts filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 3/1/2010 (dt).
February 26, 2010 Opinion or Order Filing 250 REPLY to Response to Motion re #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability Class Plaintiffs' Reply Brief in Support of Thier Motion for Summary Judgment as to Liability (docket 213) and in Opposition to Defendant Caterpillar's Motion for Summary Judgment (docket 214) filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
February 5, 2010 Opinion or Order Filing 249 DECLARATION of Jerry L. Brust filed by Caterpillar, Inc.. (Attachments: #1 Exhibit 1 - True and correct copy of the Caterpillar-UAW September 28, 1991 Extension Agreement, #2 Exhibit 2 - True and correct copy of UAW's October 29, 1991 cancellation of the Extension Agreement)(Torres, Joseph)
February 5, 2010 Opinion or Order Filing 248 DECLARATION of Derek G. Barella filed by Caterpillar, Inc.. (Attachments: #1 Exhibit 1 - Excerpts from the Deposition of James Atwood, dated July 30, 2009, #2 Exhibit 2 - Excerpts from the Deposition of UAW Rule 30(b)(6), dated September 16, 2009 and selected exhibits, #3 Exhibit 3 - Excerpts from the Deposition of Janis Bair, dated October 8, 2009 and selected exhibits, #4 Exhibit 4 - Excerpts from the Deposition of Jerry Brust, dated June 16, 2009, #5 Exhibit 5 - Excerpts from the Deposition of Michael Finn, dated March 2, 2007 and selected exhibits, #6 Exhibit 6 - Excerpts from the Deposition of Greg Folley, dated September 24, 2009, #7 Exhibit 7 - Excerpts from the Deposition of Cal Rapson, dated July 29, 2009 and selected exhibits)(Torres, Joseph)
February 5, 2010 Opinion or Order Filing 247 STATEMENT of Additional Material Facts filed by Caterpillar, Inc. in support of #245 Response in Opposition to Motion, #214 Motion for Summary Judgment. (Torres, Joseph) Modified Text on 2/10/2010 (dt).
February 5, 2010 Opinion or Order Filing 246 RESPONSE in Opposition re #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability filed by Caterpillar, Inc.. (Torres, Joseph)
February 5, 2010 Opinion or Order Filing 245 RESPONSE in Opposition re #207 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Torres, Joseph)
February 5, 2010 Opinion or Order Filing 244 RESPONSE filed by Caterpillar, Inc. to #212 Statement of Material Facts filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Torres, Joseph) Modified Text on 2/10/2010 (dt).
February 5, 2010 Opinion or Order Filing 243 RESPONSE filed by Caterpillar, Inc. to #217 Statement of Material Facts filed by Judith K. Kerns, Sandra L. Stewart, Marcia Nalley. (Torres, Joseph) Modified Text on 2/10/2010 (dt).
February 5, 2010 Opinion or Order Filing 242 DECLARATION of Lisa M. Smith filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #240 Response in Opposition to Motion. (Attachments: #1 Exhibit 50 Plaintiffs' Answers to Caterpillar's First Set of Interrogatories, #2 Exhibit 51 Additional Cases)(Smith, Lisa)
February 5, 2010 Opinion or Order Filing 241 RESPONSE to #221 Statement of Material Facts filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley in support of #214 Motion for Summary Judgment. (Smith, Lisa) Modified Text on 2/10/2010 (dt).
February 5, 2010 Opinion or Order Filing 240 RESPONSE in Opposition re #214 MOTION for Summary Judgment Class Plaintiffs' Response Brief in Opposition to Caterpillar's Motion for Summary Judgment filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
January 28, 2010 Opinion or Order Filing 239 ORDER: For the reasons stated in the accompanying Memorandum, the Motion to Sever #174 will be GRANTED. The remaining third-party claims and contingent counterclaims will be the subject of a separate trial, following the resolution of the claims of both the Winnett and Kerns classes of retiree plaintiffs. Signed by District Judge Aleta A. Trauger on 1/28/10. (dt)
January 28, 2010 Opinion or Order Filing 238 MEMORANDUM. Signed by District Judge Aleta A. Trauger on 1/28/10. (dt)
January 21, 2010 Opinion or Order Filing 237 ORDER granting #235 Motion for Extension of Time until 2/5/10 to File Response to Dispositive Motion. This is the FINAL extension. Signed by District Judge Aleta A. Trauger on 1/21/10. (af)
January 20, 2010 Opinion or Order Filing 236 MEMORANDUM in Support of #235 MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability, #214 MOTION for Summary Judgment, #207 MOTION for Summary Judgment MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability, #214 MOTION for Summary Judgment, #207 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Torres, Joseph)
January 20, 2010 Opinion or Order Filing 235 MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability, #214 MOTION for Summary Judgment, #207 MOTION for Summary Judgment (AGREED) by Caterpillar, Inc.. (Torres, Joseph)
December 30, 2009 Opinion or Order Filing 234 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #232 Declaration,,, (Torres, Joseph)
December 30, 2009 Opinion or Order Note to filer, Joseph Torres, re DE #232 : Pursuant to Court Policy and Procedure and Local Rule 5.01, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service, and date of service. THE CERTIFICATE OF SERVICE SHALL BE RE-FILED. (dt)
December 29, 2009 Opinion or Order Filing 233 NOTICE of Filing by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re #220 Declaration, #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability Kerns' Class Plaintiffs' Notice of Filing of Corrected Exhibits 2, 21, and 25 to Declaration of Lisa M. Smith in Support of Their Motion for Summary Judgment as to Liability (Attachments: #1 Exhibit 2 Corrected Exhibit 2 1988 CBA, #2 Supplement 2 Corrected Exhibit 2 part 2 Continuation, #3 Exhibit 21 Corrected Exhibit 21 Folley Letter, #4 Exhibit 25 Corrected Exhibit 25 Alig Complaint Materials)(Smith, Lisa)
December 28, 2009 Opinion or Order Filing 232 DECLARATION of DEREK G. BARELLA filed by Caterpillar, Inc. re: #214 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1 - Excerpts from the Deposition of James Atwood, dated July 30, 2009, #2 Exhibit 2 - Excerpts from the Deposition of Marion Boren, dated February 14, 2008, #3 Exhibit 3 - Excerpts from the Deposition of Albert Church, dated January 31, 2008 and selected exhibits, #4 Exhibit 4 - Excerpts from the Deposition of Christopher Glynn, dated June 17, 2009, #5 Exhibit 5 - Excerpts from the Deposition of Danny Miller, dated February 13, 2008, #6 Exhibit 6 - Excerpts from the Deposition of Wayne Schmidt, dated February 14, 2008, #7 Exhibit 7 - Excerpts from the Deposition of William Scott, dated February 13, 2008, #8 Exhibit 8 - Excerpts from the Deposition of Cal Rapson, dated July 29, 2009)(Torres, Joseph)
December 28, 2009 Opinion or Order Filing 231 DECLARATION of Joshua B. Shiffrin filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #209 Declaration,, #207 MOTION for Summary Judgment. (Clash-Drexler, Matthew)
December 24, 2009 Opinion or Order Filing 230 REPLY to Response to Motion re #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
December 24, 2009 Opinion or Order Filing 229 DECLARATION of David W. Stevens filed by Caterpillar, Inc. re: #214 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1-Letters and NetWork Booklets, #2 Exhibit 2- Summaries of Benefit Changes)(Torres, Joseph)
December 23, 2009 Opinion or Order Filing 228 ORDER granting #210 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 12/23/09. (dt)
December 23, 2009 Opinion or Order Note to filer re DE #209 , #215 & #216 : Pursuant to Administrative Order No. 167, Section 8, documents requiring the original signature other than that of the Filing User (e.g. affidavits and declarations) shall be filed by transmitting a scanned image of the document to the Electronic Filing System in PDF format. THESE DOCUMENTS SHALL BE RE-FILED. (dt)
December 22, 2009 Opinion or Order Filing 227 DECLARATION of Christina Minkler in Support of the Kerns Class Plaintiffs' Motion for Summary Judgment as to Liability filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability. (Smith, Lisa)
December 22, 2009 Opinion or Order Filing 226 DECLARATION of Patricia A. Cotton in Support of the Kerns Class Plaintiffs' Motion for Summary Judgment as to Liability filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability. (Smith, Lisa)
December 22, 2009 Opinion or Order Filing 225 Additional Attachments to Main Document re: #222 Declaration,,,. (Attachments: #1 Exhibit 36 7/8/2008 Transcript of PI Hearing, #2 Exhibit 37 7/9/2008 Transcript PI Hearing, #3 Exhibit 38 7/10/2008 Transcript PI Hearing, #4 Exhibit 39 9/16/2008 Mem granting PI, #5 Exhibit 40 3/28/2006 Complaint, Winnett, #6 Exhibit 41 Stevens Dep Transcript, #7 Exhibit 42 Bair Dep Transcript, #8 Exhibit 43 Folley Dep Transcript, #9 Exhibit 44 Nalley Dep Transcript, #10 Exhibit 45 Stewart Dep Transcript, #11 Exhibit 46 Kerns Dep Transcript, #12 Exhibit 47 Alig Dep Transcript, #13 Exhibit 48 Glynn Dep Transcript, #14 Exhibit 49 Rapson Dep Transcript)(Smith, Lisa)
December 22, 2009 Opinion or Order Filing 224 Additional Attachments to Main Document re: #222 Declaration,,,. (Attachments: #1 Supplement 19 Continuation of Ex 19, #2 Exhibit 20 Surviving Spouse Listing, #3 Exhibit 21 10/10/2004 Folley Letter, #4 Exhibit 22 10/10/2005 Folley Letter, #5 Exhibit 23 Caterpillar Enroll Materials, #6 Exhibit 24 12/28/2005 Supan Letter, #7 Exhibit 25 Alig Complaint, #8 Exhibit 26 Alig Complaint Materials, #9 Exhibit 27 Alig Complaint Materials, #10 Exhibit 28 11/17/2005 Glynn Fax to Rapson, #11 Exhibit 29 3/29/2006 Folley Letter to Kerns, #12 Exhibit 30 3/30/2006 Thompson Letter, #13 Exhibit 31 Various Letters, #14 Exhibit 32 List 211 Surviving Spouses, #15 Exhibit 33 Various Plan Summaries, #16 Exhibit 34 VEBA Report, #17 Exhibit 35 3/7/2008 Oral Argument Transcript)(Smith, Lisa)
December 22, 2009 Opinion or Order Filing 223 Additional Attachments to Main Document re: #222 Declaration,,,. (Attachments: #1 Exhibit November 1999 SPD YEBB3107, #2 Exhibit Benefit Plan under 2004 Collective Bargaining Agreement, #3 Exhibit 9 List of 67 SurvivorsMedical Expense Survivor Coverage Form, #4 Exhibit 10 List 14 Survivors Lifetime Letters, #5 Exhibit 11VEBA Plan document, #6 Exhibit 12 VEBA Trust Agreement, #7 Exhibit 13 12/2/2002 Folley Letter, #8 Exhibit 14 9/4/2003 Folley Letter, #9 Exhibit 15 Subpoena Duces Tecum BASCI, #10 Exhibit 16 12/2/2002 Letter from Caterpillar to Atwood, #11 Exhibit 17 2/25/200 Caterpillar VEBA Billing Report, #12 Exhibit 18 April 2003 Caterpillar VEBA Billing Report, #13 Exhibit 19 August 2004 Caterpillar VEBA Billing Report)(Smith, Lisa)
December 22, 2009 Opinion or Order Filing 222 DECLARATION of Lisa M. Smith in Support of the Kerns Class Plaintiffs Motion for Summary Judgment as to Liability filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability. (Attachments: #1 Exhibit Kerns List 274 Surviving Spouses with Data and Status of Files Production, #2 Exhibit Benefit Plans under 1988 Collective Bargaining Agreement, #3 Supplement Continuation of Ex 2, #4 Exhibit 1988 Benefit Plans Booklet, #5 Supplement Continuation Ex 3, #6 Exhibit Benefit Plans under 1992 Unilaterally Implemented Provisions, #7 Supplement Continuation Ex 4, #8 Supplement Continuation of Ex 4, #9 Exhibit Benefit Plans under 1998 Collective Bargaining Agreement, #10 Supplement Continuation Ex 5, #11 Supplement Continuation Ex 5, #12 Supplement Continuation Ex 5, #13 Exhibit November 1999 SPD)(Smith, Lisa)
December 22, 2009 Opinion or Order Filing 221 STATEMENT of Material Facts filed by Caterpillar, Inc. in support of #214 Motion for Summary Judgment. (Torres, Joseph) Modified Text on 12/23/2009 (dt).
December 22, 2009 Opinion or Order Filing 220 DECLARATION of Lisa M. Smith in Support of the Kerns Class Plaintiffs' Motion for Summary Judgment as to Liability filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability. (Smith, Lisa)
December 22, 2009 Opinion or Order Filing 219 MEMORANDUM in Support of #214 MOTION for Summary Judgment filed by Caterpillar, Inc.. (Torres, Joseph)
December 22, 2009 Opinion or Order Filing 218 MEMORANDUM in Support of #213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley Kerns' Class Plaintiffs' Memorandum of Law in Support of Their Motion for Summary Judgment as to Liability. (Smith, Lisa)
December 22, 2009 Opinion or Order Filing 217 STATEMENT of Material Facts filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley in support of #213 Motion for Summary Judgment. (Smith, Lisa) Modified Text on 12/23/2009 (dt).
December 22, 2009 Opinion or Order Filing 216 DECLARATION of DAVID W. STEVENS filed by Caterpillar, Inc. re: #214 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1. True and correct copies of letters and NetWork booklets, #2 Exhibit 2. True and correct copies of Summaries of Benefits Changes)(Torres, Joseph)
December 22, 2009 Opinion or Order Filing 215 DECLARATION of DEREK G. BARELLA filed by Caterpillar, Inc. re: #214 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1. Excerpts from the Deposition of James Atwood, dated July 30, 2009, #2 Exhibit 2. Excerpts from the Deposition of Marion Boren, dated February 14, 2008, #3 Exhibit 3. Excerpts from the Deposition of Albert Church, dated January 31, 2008 and selected exhibits, #4 Exhibit 4. Excerpts from the Deposition of Christopher Glynn, dated June 17, 2009, #5 Exhibit 5. Excerpts from the Deposition of Danny Miller, dated February 13, 2008, #6 Exhibit 6. Excerpts from the Deposition of Wayne Schmidt, dated February 14, 2008, #7 Exhibit 7. Excerpts from the Deposition of William Scott, dated February 13, 2008, #8 Exhibit 8. Excerpts from the Deposition of Cal Rapson, dated July 29, 2009)(Torres, Joseph)
December 22, 2009 Opinion or Order Filing 214 MOTION for Summary Judgment by Caterpillar, Inc.. (Torres, Joseph)
December 22, 2009 Opinion or Order Filing 213 MOTION for Summary Judgment Kerns' Class Plaintiffs' Motion for Summary Judgment as to Liability by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
December 22, 2009 Opinion or Order Filing 212 Sealed Document Statement of Undisputed Material Fact filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
December 22, 2009 Opinion or Order Filing 211 Sealed Document Memorandum in Support of Motion for Summary Judgment filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
December 22, 2009 Opinion or Order Filing 210 MOTION for Leave to File Document Under Seal by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
December 22, 2009 Opinion or Order Filing 209 DECLARATION of Joshua B. Shiffrin filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #207 MOTION for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit c, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, Part 1, #18 Exhibit Q, Part 2, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z)(Clash-Drexler, Matthew)
December 22, 2009 Opinion or Order Filing 208 DECLARATION of James Richard Atwood filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #207 MOTION for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, Part 1, #14 Exhibit M, part 2, #15 Exhibit M, Part 3, #16 Exhibit N, Part 1, #17 Exhibit N, Part 2)(Clash-Drexler, Matthew)
December 22, 2009 Opinion or Order Filing 207 MOTION for Summary Judgment by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clash-Drexler, Matthew)
December 14, 2009 Opinion or Order Filing 206 ORDER granting #204 Motion for Extension of Time to File Dispositive Motions. Signed by District Judge Aleta A. Trauger on 12/14/09. (dt)
December 11, 2009 Opinion or Order Filing 205 MEMORANDUM in Support of #204 MOTION for Extension of Time to File Dispositive Motions (Four Day Extension) AGREED filed by Caterpillar, Inc.. (Torres, Joseph)
December 11, 2009 Opinion or Order Filing 204 MOTION for Extension of Time to File Dispositive Motions (Four Day Extension) AGREED by Caterpillar, Inc.. (Torres, Joseph)
December 4, 2009 Opinion or Order Filing 203 RESPONSE in Opposition re #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial filed by Caterpillar, Inc.. (Torres, Joseph)
November 25, 2009 Opinion or Order Filing 202 ORDER granting #200 Motion for Extension of Time to File Response to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial; Response due 12/4/09; Reply due 12/24/09. Signed by District Judge Aleta A. Trauger on 11/25/09. (dt) Modified Text on 11/25/2009 (dt).
November 24, 2009 Opinion or Order Filing 201 MEMORANDUM in Support of #200 MOTION for Extension of Time to File Response/Reply as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial (AGREED) filed by Caterpillar, Inc.. (Torres, Joseph)
November 24, 2009 Opinion or Order Filing 200 MOTION for Extension of Time to File Response/Reply as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial (AGREED) by Caterpillar, Inc.. (Torres, Joseph)
November 20, 2009 Opinion or Order Matthew Clash-Drexler notified via email to register for CM/ECF account. (dt)
November 20, 2009 Opinion or Order Bar status for attorney Matthew Clash-Drexler of DC verified as active this date. (dt)
November 19, 2009 Opinion or Order Filing 199 ORDER granting #197 Motion for Matthew Clash-Drexler to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 11/19/09. (dt)
November 18, 2009 Opinion or Order Filing 198 CERTIFICATE OF GOOD STANDING of Attorney Matthew Clash-Drexler from the United States District Court for the District of Columbia filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Garrison, David)
November 18, 2009 Opinion or Order Filing 197 MOTION for attorney(s) Matthew Clash-Drexler to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 06500000000000781024) by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Garrison, David)
November 16, 2009 Opinion or Order Filing 196 ORDER: Currently pending before the court are the plaintiffs' Motions for Jury Trial (Winnett, 3:06-cv-0235, Docket No. 376; Kerns, 3:06-cv-01113, Docket No. 185) and Caterpillar Inc.'s opposition thereto (Winnett, Docket No. 384; Kerns, Docket No. 193). For the reasons expressed in the accompanying Memorandum, the plaintiffs' Motions are DENIED, and the plaintiffs' jury demands are stricken. Furthermore, the Winnett plaintiffs' alternative request for a non-advisory jury or an advisory jury is DENIED. Signed by District Judge Aleta A. Trauger on 11/16/09. (dt)
November 16, 2009 Opinion or Order Filing 195 MEMORANDUM. Signed by District Judge Aleta A. Trauger on 11/16/09. (dt)
October 19, 2009 Opinion or Order Filing 194 Joint Settlement/Mediation Report by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley(Smith, Lisa) Modified Text on 10/20/2009 (dt).
September 4, 2009 Opinion or Order Filing 193 RESPONSE in Opposition re #185 MOTION in Support of Plaintiffs' Right to Jury Trial re #181 Order, filed by Caterpillar, Inc.. (Torres, Joseph)
September 3, 2009 Opinion or Order Filing 192 ORDER granting #190 Motion for Extension of Time to File Response to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial. Signed by District Judge Aleta A. Trauger on 9/3/09. (dt)
September 2, 2009 Opinion or Order Filing 191 MEMORANDUM in Support of #190 AGREED MOTION for Extension of Time to File Response as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial filed by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 9/3/2009 (dt).
September 2, 2009 Opinion or Order Filing 190 AGREED MOTION for Extension of Time to File Response as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 9/3/2009 (dt).
August 31, 2009 Opinion or Order Filing 189 ORDER granting #187 Motion to Extend Discovery Cut-Off Date by 30 Days for Certain Limited Purposes. Signed by District Judge Aleta A. Trauger on 8/31/09. (dt)
August 28, 2009 Opinion or Order Filing 188 MEMORANDUM in Support of #187 Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Discovery Cut-Off Date by 30 Days for Certain Limited Purposes filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
August 28, 2009 Opinion or Order Filing 187 Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Discovery Cut-Off Date by 30 Days for Certain Limited Purposes by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
August 26, 2009 Opinion or Order Filing 186 MEMORANDUM in Support of #185 MOTION in Support of Plaintiffs' Right to Jury Trial re #181 Order, filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 8/26/2009 (dt).
August 26, 2009 Opinion or Order Filing 185 MOTION in Support of Plaintiffs' Right to Jury Trial re #181 Order, by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 8/26/2009 (dt).
August 20, 2009 Opinion or Order Filing 184 ORDER granting #182 Motion for Extension of Time to File Response to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial. Extension to 9/4/2009. Signed by District Judge Aleta A. Trauger on 8/20/09. (dt)
August 19, 2009 Opinion or Order Filing 183 MEMORANDUM in Support of #182 MOTION for Extension of Time to File Response/Reply as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial (Agreed) filed by Caterpillar, Inc.. (Torres, Joseph)
August 19, 2009 Opinion or Order Filing 182 MOTION for Extension of Time to File Response/Reply as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial (Agreed) by Caterpillar, Inc.. (Torres, Joseph)
August 14, 2009 Opinion or Order Filing 181 ORDER: The plaintiffs in each of the above cases shall file a motion for jury trial, with supporting authority, by 8/26/2009. If Caterpillar opposes any such motion filed by the plaintiffs, it shall respond, with supporting authority, by 9/4/2009. Signed by District Judge Aleta A. Trauger on 8/14/09. (dt)
August 13, 2009 Opinion or Order Filing 180 RESPONSE to Motion re #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial Plaintiffs' Response to UAW Third-Party Defendants' Motion to Sever Third-Party Claims and Contingent Counterclaims for Separate Trial filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
August 13, 2009 Opinion or Order Filing 179 ORDER granting #177 Motion for Extension of Time to File Response #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial. Extension to 8/20/09. Signed by District Judge Aleta A. Trauger on 8/13/09. (dt)
August 11, 2009 Opinion or Order Filing 178 MEMORANDUM in Support of #177 MOTION for Extension of Time to File Response as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial filed by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 8/12/2009 (dt).
August 11, 2009 Opinion or Order Filing 177 MOTION for Extension of Time to File Response as to #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 8/12/2009 (dt).
August 6, 2009 Opinion or Order Filing 176 MEMORANDUM and ORDER: For the reasons explained above, the court finds that granting Plaintiffs' request to bifurcate pursuant to Rule 42(b) will promote efficiency in this matter. Accordingly, Plaintiffs' Motion to Bifurcate Trial of Liability and Damages (Winnett Docket No. 348, Kerns Docket No. #160 ) is hereby GRANTED. The trials scheduled for June 29, 2010 in Winnett and August 24, 2010 in Kerns will be confined to the issues of Caterpillar, Inc.'s liability and, in the event that liability is found at either or both of those trials, issues pertaining to damages will be addressed by subsequent order. Signed by District Judge Aleta A. Trauger on 8/6/09. (dt) Modified Text on 8/7/2009 (dt).
July 30, 2009 Opinion or Order Filing 175 MEMORANDUM in Support of #174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clark, Julia)
July 30, 2009 Opinion or Order Filing 174 MOTION to Sever Third-Party Claims and Contingent Counterlclaims for Separate Trial by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clark, Julia)
July 23, 2009 Opinion or Order Filing 173 NOTICE of Filing by Caterpillar, Inc. Notice of Deposition of Richard Shoemaker (Torres, Joseph)
July 23, 2009 Opinion or Order Filing 172 NOTICE of Filing by Caterpillar, Inc. Notice of Deposition of Cal Rapson (Torres, Joseph)
July 23, 2009 Opinion or Order Filing 171 NOTICE of Filing by Caterpillar, Inc. Notice of Deposition of James Richard Atwood (Torres, Joseph)
July 21, 2009 Opinion or Order Filing 170 REPLY to Response to #160 Joint MOTION to Bifurcate Trial of Liability and Damages filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Exhibit A, #2 Exhibit B)(dt)
July 21, 2009 Opinion or Order Filing 169 ORDER granting #167 Motion for Leave to File a Reply Memorandum. Signed by District Judge Aleta A. Trauger on 7/21/09. (dt)
July 20, 2009 Opinion or Order Filing 168 DECLARATION of Roger J. McClow filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re: #167 Joint MOTION for Leave to File a Reply Memorandum in support of Plaintiffs' motion to bifurcate trial of liability and damages. (Smith, Lisa) Modified Text on 7/22/2009 (dt).
July 20, 2009 Opinion or Order Filing 167 Joint MOTION for Leave to Leave of court to file a Reply Memorandum in support of Plaintiffs' motion to bifurcate trial of liability and damages re #160 Joint MOTION to Bifurcate Trial of Liability and Damages, #166 Response in Opposition to Motion, #161 Memorandum in Support by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Exhibit 1 Plaintiffs' Reply Memorandun in Support of Plaintiffs Motion to Bifurcate Trial of Liability and Damages, #2 Exhibit 2 Exhibit A to Reply Memorandum in Support of Plaintiffs' Motion to Bifurcate Trial of Liability and Damages, #3 Exhibit 3 Exhibit B to Plaintiff's Reply Memorandum In Support of Plaintiffs' Motion to Bifurcate Trial of Liability and Damages)(Smith, Lisa)
July 15, 2009 Opinion or Order Filing 166 RESPONSE in Opposition re #160 Joint MOTION to Bifurcate Trial of Liability and Damages filed by Caterpillar, Inc.. (Torres, Joseph)
July 6, 2009 Opinion or Order Filing 165 ORDER granting #163 Motion for Extension of Time to File Response to #160 Joint MOTION to Bifurcate Trial of Liability and Damages. Extension to 7/14/09. Signed by District Judge Aleta A. Trauger on 7/6/09. (dt)
July 3, 2009 Opinion or Order Filing 164 MEMORANDUM in Support of #163 MOTION for Extension of Time to File Response as to #160 AGREED MOTION to Bifurcate Trial of Liability and Damages filed by Caterpillar, Inc. (Torres, Joseph) Modified Text on 7/6/2009 (dt).
July 3, 2009 Opinion or Order Filing 163 AGREED MOTION for Extension of Time to File Response as to #160 Joint MOTION to Bifurcate Trial of Liability and Damages by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 7/6/2009 (dt).
June 29, 2009 Opinion or Order Filing 162 ORDER granting #158 Joint MOTION to Extend Certain Case Schedule Dates by 60 Days. Extensions as set out herein. Signed by District Judge Aleta A. Trauger on 6/29/09. (dt)
June 24, 2009 Opinion or Order Filing 161 MEMORANDUM in Support of #160 Joint MOTION to Bifurcate Trial of Liability and Damages filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
June 24, 2009 Opinion or Order Filing 160 Joint MOTION to Bifurcate Trial of Liability and Damages by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
June 22, 2009 Opinion or Order Filing 159 MEMORANDUM in Support of #158 Joint MOTION to Extend Certain Case Schedule Dates by 60 Days filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 6/23/2009 (dt).
June 22, 2009 Opinion or Order Filing 158 Joint MOTION to Extend Certain Case Schedule Dates by 60 Days by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 6/23/2009 (dt).
June 10, 2009 Opinion or Order Filing 157 NOTICE of Filing by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 Notice of Deposition of David Stevens (Shiffrin, Joshua)
June 10, 2009 Opinion or Order Filing 156 NOTICE of Filing by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 Notice of Deposition of Christopher Glynn (Shiffrin, Joshua)
June 10, 2009 Opinion or Order Filing 155 NOTICE of Filing by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 Notice of Deposition of Jerry Brust (Shiffrin, Joshua)
June 10, 2009 Opinion or Order Filing 154 NOTICE of Filing by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 Notice of Deposition of Gene Broadbear (Shiffrin, Joshua)
June 10, 2009 Opinion or Order Filing 153 NOTICE of Filing by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 Notice of Deposition of 30(b)(6) (Shiffrin, Joshua)
June 5, 2009 Opinion or Order Filing 152 ORDER denying #150 Motion to Extend Case Schedule by 60 Days. Signed by District Judge Aleta A. Trauger on 6/5/09. (dt)
June 4, 2009 Opinion or Order Filing 151 MEMORANDUM in Support of #150 MOTION TO EXTEND CASE SCHEDULE BY 60 DAYS (AGREED) filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Caterpillar, Inc., Judith K. Kerns. (Torres, Joseph)
June 4, 2009 Opinion or Order Filing 150 MOTION TO EXTEND CASE SCHEDULE BY 60 DAYS (AGREED) by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Caterpillar, Inc., Judith K. Kerns. (Torres, Joseph)
February 12, 2009 Opinion or Order Filing 149 ORDER: AGREED MOTION to Extend Case Schedule By Approximately 130 Days #146 is Granted. Extension as requested herein. Signed by District Judge Aleta A. Trauger on 2/12/09. (dt)
February 12, 2009 Opinion or Order Filing 148 ORDER RESETTING JURY TRIAL: Jury Trial reset for 8/24/2010 at 9:00 AM before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 8/17/2010. Final Pretrial Conference reset for 8/20/2010 at 1:30 PM before District Judge Aleta A. Trauger. Exhibit List and Witness List due by 8/17/2010. Signed by District Judge Aleta A. Trauger on 2/12/09. (dt)
February 11, 2009 Opinion or Order Filing 147 MEMORANDUM in Support of #146 AGREED MOTION to Extend Case Schedule By Approximately 130 Days filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 2/12/2009 (dt).
February 11, 2009 Opinion or Order Filing 146 AGREED MOTION to Extend Case Schedule By Approximately 130 Days by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 2/12/2009 (dt).
December 29, 2008 Opinion or Order Filing 145 NOTICE to Take Deposition of Jerry L. Brust by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Shiffrin, Joshua)
December 29, 2008 Opinion or Order Filing 144 NOTICE to Take Deposition of Gene Broadbear by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Shiffrin, Joshua)
December 29, 2008 Opinion or Order Filing 143 NOTICE to Take Deposition of David W. Stevens by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Shiffrin, Joshua)
December 29, 2008 Opinion or Order Filing 142 NOTICE to Take Deposition of Christopher E. Glynn by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Shiffrin, Joshua)
December 29, 2008 Opinion or Order Filing 141 NOTICE to Take Deposition of Caterpillar, Inc. by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Shiffrin, Joshua)
November 21, 2008 Opinion or Order Filing 140 ORDER RESETTING JURY TRIAL: Jury Trial reset for 4/6/2010 at 9:00 AM before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 3/30/2010. Final Pretrial Conference reset for 4/2/2010 at 1:30 PM before District Judge Aleta A. Trauger. Exhibit List and Witness List due by 3/30/2010. Signed by District Judge Aleta A. Trauger on 11/21/08. (dt)
November 21, 2008 Opinion or Order Filing 139 ORDER RESETTING CASE SCHEDULE DATES: Discovery Cutoff 2/24/2009. Dispositive Motions due by 8/11/2009. The dates for pretrial exchange of information, pretrial filings, joint proposed pretrial order, pretrial conference and trial will be reset by the Court in a separate order. Signed by District Judge Aleta A. Trauger on 11/21/08. (dt)
November 20, 2008 Opinion or Order Note to Filer re Docket Entry No. 138: Pursuant to Administrative Order No. 167 on Electronic Case Filing Practices and Procedures, Section 5.08, Proposed Orders should be included as an attachment to an electronically filed motion or other request for relief. If the Court orders that counsel submit a proposed order, it should be submitted as an attachment to a Notice of Filing. This document does not need to be re-filed unless otherwise directed by the Court. (dt)
November 19, 2008 Opinion or Order Filing 138 PROPOSED ORDER Resetting Case Schedule Dates Submitted in Accordance with the Court's November 12, 2008 Orders Granting Plaintiffs' and Third-Party Defendants' Joint Motion to Extend Case Schedule by 120 Days filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 11/20/2008 (dt).
November 12, 2008 Opinion or Order Filing 137 ORDER granting #135 Motion to Extend Case Schedule by 120 Days. The parties shall file a proposed order for the court's signature that sets out the extended deadlines for each case. The parties are forewarned that these extensions may necessitate a postponement of the trial dates. Signed by District Judge Aleta A. Trauger on 11/12/08. (dt)
October 14, 2008 Opinion or Order Filing 136 MEMORANDUM in Support of #135 Joint MOTION to Extend Case Schedule by 120 Days filed by Sandra L. Stewart, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 10/15/2008 (dt).
October 14, 2008 Opinion or Order Filing 135 Joint MOTION to Extend Case Schedule by 120 Days by Sandra L. Stewart, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, Judith K. Kerns, Marcia Nalley. (Smith, Lisa) Modified Text on 10/15/2008 (dt).
May 30, 2008 Opinion or Order Filing 134 ORDER RESETTING JURY TRIAL: Jury Trial reset for 10/20/2009 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 10/13/2009. Final Pretrial Conference reset for 10/16/2009 at 1:30 PM before District Judge Aleta A. Trauger. Exhibit List and Witness List due by 10/13/2009. Signed by District Judge Aleta A. Trauger on 5/30/08. (dt)
May 30, 2008 Opinion or Order Filing 133 ORDER RESETTING CASE SCHEDULE DATES: Discovery Cutoff due by 10/27/08, Identify and Disclose Pltfs' Expert Witness and Expert Report due by 11/24/08, Joint Settlement/Mediation Report due by 12/11/08, Identify and Disclose Defts Expert Witnesses and Expert Reports due by 1/5/09, Parties shall depose all expert witnesses by 3/12/2009, Dispositive Motions due by 4/13/2009. Responses in Opposition due by 5/15/09 and Replies due by 6/4/09. The dates for pretrial exchange of information, pretrial filings, joint proposed pretrial order, pretrial conference and trial are not yet set by the Court. Signed by District Judge Aleta A. Trauger on 5/30/08. (dt)
May 29, 2008 Opinion or Order Filing 132 PROPOSED ORDER RESETTING CASE SCHEDULE DATES SUBMITTED IN ACCORDANCE WITH THE COURT'S 5/14/08 ORDERS GRANTING PLAINTIFFS' JOINT MOTION TO EXTEND CASE SCHEDULE BY 150 DAYS by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley re #131 Order on Motion for Extension of Time to Complete Discovery. (Smith, Lisa) Modified Text on 5/30/2008 (dt).
May 14, 2008 Opinion or Order Filing 131 ORDER granting #127 Motion to Extend Case Schedule by 150 days. The parties shall tender for the court's consideration a proposed order that sets out the specific new deadlines. This order should not include the deadlines and pretrial conference dates set out in paragraphs 5 and 6 of the motion, as there is no trial date at this point in either case, and none of those deadlines have been set. Signed by District Judge Aleta A. Trauger on 5/14/08. (dt)
May 7, 2008 Opinion or Order Filing 130 MEMORANDUM in Support of #127 Joint MOTION for Extension of Time to Complete Discovery Plaintiffs' Joint Motion to Extend Case Schedule by 150 Days filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Clark, Julia)
May 2, 2008 Opinion or Order Note to Filer re Docket Entry No. 127: The Memorandum in Support of Motion should be filed as separate event, not as an attachment to a document. This document does not need to be re-filed unless otherwise directed by the Court. (dt)
May 1, 2008 Opinion or Order Filing 129 ORDER: For the reasons expressed in the accompanying Memorandum, the third-party defendants' Motion to Dismiss #91 is GRANTED IN PART and DENIED IN PART. The third-party defendants' motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure is hereby GRANTED. All claims against the six out-of-state Local Unions in Illinois, Pennsylvania, and Colorado are hereby DISMISSED. The third-party defendants' motion to dismiss for failure to state a claim pursuant to Rule12(b)(6) of the Federal Rules of Civil Procedure is hereby GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Counts I and II. Accordingly, those claims are dismissed. The motion is DENIED as to Counts III and IV. Signed by District Judge Aleta A. Trauger on 5/1/08. (dt)
May 1, 2008 Opinion or Order Filing 128 MEMORANDUM AND OPINION. Signed by District Judge Aleta A. Trauger on 5/1/08. (dt)
May 1, 2008 Opinion or Order Filing 127 Joint MOTION to Extend Case Schedule by 150 Days by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (w/ attached Memorandum in Suppport) (Smith, Lisa) Modified Text on 5/2/2008 (dt).
March 4, 2008 Opinion or Order Filing 126 ORDER: The Motion for Oral Argument #123 is Denied. The Union's Motion to Dismiss is unrelated to the preliminary injunction matter scheduled for oral argument on March 7, 2008 and would overly complicate that proceeding. In addition, the Union's motion is fully briefed, and the court will be deciding that motion in due time on the papers. Signed by Judge Aleta A. Trauger on 3/4/08. (dt)
March 3, 2008 Opinion or Order Filing 125 RESPONSE in Opposition to #124 MOTION for Oral Argument filed by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 3/4/2008 (dt).
February 29, 2008 Opinion or Order Filing 124 **FILED IN ERROR-ATTY FILED IN INCORRECT CASE** MOTION for Hearing / Oral Argument by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Clark, Julia) Modified on 3/4/2008 (dt).
February 29, 2008 Opinion or Order Filing 123 MOTION for Oral Argument by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Clark, Julia) Modified Text on 3/4/2008 (dt).
February 7, 2008 Opinion or Order Filing 122 PROTECTIVE ORDER. Signed by Judge Aleta A. Trauger on 2/7/08. (dt)
February 7, 2008 Opinion or Order Filing 121 ORDER: For the reasons expressed in the accompanying Memorandum, Caterpillar's Motion to Compel #108 is Granted In Part and Denied In Part. The UAW's Motion for a Protective Order #111 is Granted In Part and Deneid in Part. The court will issue contemporaneously a protective order reflecting this ruling. Signed by Judge Aleta A. Trauger on 2/7/08. (dt)
February 7, 2008 Opinion or Order Filing 120 MEMORANDUM AND OPINION. Signed by Judge Aleta A. Trauger on 2/7/08. (dt)
January 17, 2008 Opinion or Order Filing 119 DECLARATION of Patrick Johnson filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #117 Response to Motion,. (Clark, Julia)
January 17, 2008 Opinion or Order Filing 118 DECLARATION of Julia Penny Clark filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #117 Response to Motion,. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Clark, Julia)
January 17, 2008 Opinion or Order Filing 117 RESPONSE to Motion re #108 MOTION to Compel THIRD-PARTY DEFENDANTS' COMPLIANCE WITH SUBPOENAS AND FOR EXPEDITED CONSIDERATION OF SAME filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Clark, Julia)
January 10, 2008 Opinion or Order Filing 116 ORDER: Any responses to the #108 Motion to Compel or to the #111 Motion for Protective Order shall be filed by 1/17/08. Signed by Judge Aleta A. Trauger on 1/10/08. (jb)
January 9, 2008 Opinion or Order Filing 115 COMBINED REPLY in support re #108 MOTION to Compel and RESPONSE in Opposition re #111 MOTION for Protective Order filed by Caterpillar, Inc. (Torres, Joseph) Modified on 1/10/2008 (gi).
January 4, 2008 Opinion or Order Note to Filer re Docket Entry No. 108: The motion filed is for multiple reliefs. This is filed by holding down the control key, scrolling down and highlighting the appropriate reliefs. See Chapter 5(I) of the User Manual for instructions. This document does not need to be re-filed unless otherwise directed by the Court. (dt)
January 3, 2008 Opinion or Order Filing 114 DECLARATION of Julia Penny Clark filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #112 Memorandum in Support,. (Attachments: #1 Exhibit 5-- Clark 10-30-07 letter#2 Exhibit 6- Emails)(Clark, Julia)
January 3, 2008 Opinion or Order Filing 113 DECLARATION of Michael Nicholson filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086 re: #112 Memorandum in Support,. (Attachments: #1 Exhibit 1- Winnett- Local 1086 Subpoena#2 Exhibit 2- Barella 6-21-07 letter#3 Exhibit 3- Nicholson 07-09-07 letter#4 Exhibit 4- Barella 07-12-07 letter)(Clark, Julia)
January 3, 2008 Opinion or Order Filing 112 MEMORANDUM in Support of #111 MOTION for Protective Order filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Exhibit Unreported Case- Grand#2 Exhibit Unreported Case- Republic#3 Exhibit Unreported Case- Titan#4 Exhibit Unreported Case- Wedgewood)(Clark, Julia)
January 3, 2008 Opinion or Order Filing 111 MOTION for Protective Order by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086. (Attachments: #1 Proposed Order #2 Proposed Order Alternative)(Clark, Julia)
January 3, 2008 Opinion or Order Filing 110 DECLARATION of Derek G. Barella filed by Caterpillar, Inc. re: #108 MOTION to Compel Third-Party Defendants' Compliance with Subpoenas and for Expedited Consideration of Same. (Attachments: #1 Exhibit 1-Subpoena served on UAW#2 Exhibit 2-1st RFP in both the Winnett and Kerns Cases#3 Exhibit 3- Letter from M Nicholson to D Barella 6-4-07#4 Exhibit 4-Letter from D Barella to M Nicholson 6-21-07#5 Exhibit 5-letter from M Nicholson to D Barella 7-9-07#6 Exhibit 6-Letter from D Barella to M Nicholson 7-12-07#7 Exhibit 7-Letter from D Barella to M Nicholson 8-30-07#8 Exhibit 8-letter from J Clark to D Barella 10-30-07#9 Exhibit 9-UAW correspondence and proposed protective order#10 Exhibit 10-letter from D Barella to J Clark 12-13-07#11 Exhibit 11-letter from D Barella to J Clark 12-27-07#12 Exhibit 12-Letter from J Clark to D Barella 12-27-07)(Torres, Joseph) Modified Text on 1/4/2008 (dt).
January 3, 2008 Opinion or Order Filing 109 MEMORANDUM in Support of #108 MOTION to Compel Third-Party Defendants' Compliance with Subpoenas and for Expedited Consideration of Same filed by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 1/4/2008 (dt).
January 3, 2008 Opinion or Order Filing 108 MOTION to Compel Third-Party Defendants' Compliance with Subpoenas and for Expedited Consideration of Same by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 1/4/2008 (dt).
December 10, 2007 Opinion or Order Filing 107 ORDER granting #106 Motion for Leave to File Reply Memorandum to Motion to Dismiss the Third-Party Complaint. Signed by Judge Aleta A. Trauger on 12/10/07. (dt)
December 7, 2007 Opinion or Order Filing 106 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Clark, Julia)
December 6, 2007 Opinion or Order Filing 105 REPLY to Response to #91 MOTION to Dismiss Third-Party Complaint filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Attachments: #1 Exhibit Unpublished Case 1: Beck#2 Exhibit Unpublished Case 2: Koch#3 Exhibit Unpublished Case 3: Reed#4 Exhibit Unpublished Case 4: Thomas#5 Exhibit Unpublished Case 5: Trustees)(Clark, Julia) Modified Text on 12/7/2007 (dt).
November 19, 2007 Opinion or Order Filing 104 RESPONSE in Opposition to #91 MOTION to Dismiss Third-Party Complaint filed by Caterpillar, Inc.. (Attachments: #1 Case Law)(dt)
November 19, 2007 Opinion or Order Filing 103 ORDER granting #101 Motion for Leave to File Instanter 22-Page Memorandum In Opposition to Motion to Dismiss. Signed by Judge Aleta A. Trauger on 11/19/07. (dt)
November 16, 2007 Opinion or Order Filing 102 MEMORANDUM in Support of #101 MOTION for Leave to TO FILE INSTANTER 22-PAGE MEMORANDUM IN OPPOSITION TO THIRD-PARTY DEFENDANTS' MOTION TO DISMISS filed by Caterpillar, Inc.. (Torres, Joseph)
November 16, 2007 Opinion or Order Filing 101 MOTION for Leave to TO FILE INSTANTER 22-PAGE MEMORANDUM IN OPPOSITION TO THIRD-PARTY DEFENDANTS' MOTION TO DISMISS by Caterpillar, Inc.. (Attachments: #1 Exhibit CATERPILLAR'S OPPOSITION TO THE UAW'S MOTION TO DISMISS#2 Exhibit TO CATERPILLAR'S OPPOSITION TO THE UAW'S MOTION TO DISMISS -- Unpublished cases)(Torres, Joseph)
November 14, 2007 Opinion or Order Filing 100 ORDER: Joint Motion to Extend Case Schedule by 120 #98 is Granted. That all deadlines presently in effect in both of these case are extended for 180 days as to all parties. Signed by Judge Aleta A. Trauger on 11/14/07. (dt)
November 13, 2007 Opinion or Order Filing 99 RESPONSE to Motion re #98 Joint MOTION for Extension of Time to Complete Discovery by 120 days filed by Caterpillar, Inc.. (Torres, Joseph)
November 12, 2007 Opinion or Order Filing 98 Joint MOTION for Extension of Time to Complete Discovery by 120 days by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
November 8, 2007 Opinion or Order Filing 97 ORDER granting #95 Motion for Extension of Time to File Response to #91 MOTION to Dismiss. Extension to 11/16/07. Signed by Judge Aleta A. Trauger on 11/8/07. (dt)
November 7, 2007 Opinion or Order Filing 96 MEMORANDUM in Support of #95 AGREED MOTION for Extension of Time to File Response as to #91 MOTION to Dismiss filed by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 11/8/2007 (dt).
November 7, 2007 Opinion or Order Filing 95 AGREED MOTION for Extension of Time to File Response as to #91 MOTION to Dismiss by Caterpillar, Inc.. (Torres, Joseph) Modified Text on 11/8/2007 (dt).
October 31, 2007 Opinion or Order Note to Filer re Attachments to Declaration #93 & #94 : All documents should be filed so that they may be read without the necessity of rotation. This document does not need to be re-filed unless otherwise directed by the Court. (dt)
October 26, 2007 Opinion or Order Filing 94 Additional Attachments to Main Document re: #93 Declaration,,,. (Attachments: #1 Exhibit 4 - 2004 Signature and Identification Agreement#2 Exhibit 5 - 2004 Acknowledgment of Tentative Agreement#3 Exhibit 6 - 2004 Central Labor Agreement (Part 1)#4 Exhibit 6 (Part 2)#5 Exhibit 6 (Part 3)#6 Exhibit 6 (Part 4)#7 Exhibit 6 (Part 5)#8 Exhibit 6 (Part 6)#9 Exhibit 6 (Part 7)#10 Exhibit 6 (Part 8)#11 Exhibit 7 - 2004 Insurance Plan Agreement and Group Insurance Plan (Part 1)#12 Exhibit 7 (Part 2)#13 Exhibit 7 (Part 3)#14 Exhibit 7 (Part 4)#15 Exhibit 7 (Part 5)#16 Exhibit 8 - 1998 Labor Dispute Settlement Agreement)(Clark, Julia)
October 26, 2007 Opinion or Order Filing 93 DECLARATION of Joshua B. Shiffrin filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974 re: #91 MOTION to Dismiss Third-Party Complaint. (Attachments: #1 Exhibit 1 - 1998 Signature and Identification Agreement#2 Exhibit 2 - 1998 Central Labor Agreement (Part 1)#3 Exhibit 2 (Part 2)#4 Exhibit 2 (Part 3)#5 Exhibit 2 (Part 4)#6 Exhibit 2 (Part 5)#7 Exhibit 2 (Part 6)#8 Exhibit 2 (Part 7)#9 Exhibit 2 (Part 8)#10 Exhibit 2 (Part 9)#11 Exhibit 2 (Part 10)#12 Exhibit 2 (Part 11)#13 Exhibit 2 (Part 12)#14 Exhibit 2 (Part 13)#15 Exhibit 3 - 1998 Insurance Plan Agreement and Group Insurance Plan (Part 1)#16 Exhibit 3 (Part 2)#17 Exhibit 3 (Part 3)#18 Exhibit 3 (Part 4)#19 Exhibit 3 (Part 5))(Clark, Julia)
October 26, 2007 Opinion or Order Filing 92 MEMORANDUM in Support of #91 MOTION to Dismiss Third-Party Complaint filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Attachments: #1 UAW v. General Motors#2 Local 67 v. GEM#3 Cole v. Arvinmeritor)(Garrison, David)
October 26, 2007 Opinion or Order Filing 91 MOTION to Dismiss Third-Party Complaint by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Garrison, David)
October 15, 2007 Opinion or Order Filing 90 ANSWER to Counterclaim by Caterpillar, Inc..(Torres, Joseph)
October 2, 2007 Opinion or Order Filing 89 ORDER granting #85 Motion for Julia Penny Clark, W. Gary Kohlman, and Joshua B. Shiffrin to Appear Pro Hac Vice. Signed by Judge Aleta A. Trauger on 10/2/07. (dt)
September 27, 2007 Opinion or Order Filing 88 RECEIPT #116561 in the amount of $225.00 posted by Bredhoff & Kaiser for Clark, Kohlman & Shiffrin, attorneys for International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974 re #85 Motion to Appear Pro Hac Vice. (dt)
September 26, 2007 Opinion or Order Filing 87 AMENDED CERTIFICATE OF SERVICE filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974 re #86 Answer to Third Party Complaint,, Counterclaim,, #85 MOTION for attorney Julia Penny Clark, W. Gary Kohlman, and Joshua B. Shiffrin to Appear Pro Hac Vice, Docket Annotation,, #84 Notice of Appearance, Amended Certificate of Service (Garrison, David) Modified Text on 9/28/2007 (dt).
September 25, 2007 Opinion or Order Note to Filer re DE# 84-86: Pursuant to court policy and procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service. (See Local Rule 5.01.) Please file a conformed Certificate of Service for this document. A certificate of good standing should be filed as separate event, not as an attachment to a document. (dt)
September 24, 2007 Opinion or Order Filing 86 Third-Party Defendant "UAW Defendants'" ANSWER to Third Party Complaint and Contingent, COUNTERCLAIM (S) against Caterpillar, Inc., Caterpillar, Inc. by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974.(Garrison, David)
September 24, 2007 Opinion or Order Filing 85 MOTION for attorney Julia Penny Clark, W. Gary Kohlman, and Joshua B. Shiffrin to Appear Pro Hac Vice by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974. (Attachments: #1 Exhibit Certificate Good Standing - Clark#2 Exhibit Certificate Good Standing - Kohlman#3 Exhibit Certificate Good Standing - Shiffrin)(Garrison, David) (PHV FEE PAID on 9/27/07) Modified Text on 9/25/2007 (dt). Modified Text on 9/28/2007 (dt).
September 24, 2007 Opinion or Order Filing 84 NOTICE of Appearance by David W. Garrison, Edmund L. Carey, Jr. and Gerald E. Martin on behalf of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974 (Garrison, David) Modified Text on 9/25/2007 (dt).
August 31, 2007 Opinion or Order Filing 83 Summons issued as to International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 145, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 1415, & UAW Local Union No. 2096. (dt) Modified Text on 8/31/2007 (dt).
July 25, 2007 Opinion or Order Filing 82 THIRD PARTY COMPLAINT against International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1086, UAW Local Union No. 1415, UAW Local Union No. 145, UAW Local Union No. 2096, UAW Local Union No. 751, UAW Local Union No. 786, UAW Local Union No. 974, filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A - April 24, 2006 Letter to UAW Caterpillar Local Union Presidents and Chairpersons)(Torres, Joseph)
July 12, 2007 Opinion or Order Filing 81 ANSWER to Complaint by Caterpillar, Inc..(Torres, Joseph)
July 12, 2007 Opinion or Order Filing 80 ORDER: For the reasons expressed in the accompanying Memorandum, Plaintiffs' Motion to Certify Class #60 is Granted. The named plaintiffs are hereby designated as class representatives, and the plaintiffs' counsel is designated as class counsel. Signed by Judge Aleta A. Trauger on 7/12/07. (dt)
July 12, 2007 Opinion or Order Filing 79 MEMORANDUM AND OPINION. Signed by Judge Aleta A. Trauger on 7/12/07. (dt)
June 27, 2007 Opinion or Order Filing 78 ORDER denying #42 Motion to Dismiss for reasons expressed in the accompanying memorandum. Signed by Judge Aleta A. Trauger on 6/27/07. (gi, )
June 27, 2007 Opinion or Order Filing 77 MEMORANDUM AND OPINION. Signed by Judge Aleta A. Trauger on 6/27/07. (gi, )
June 7, 2007 Opinion or Order Filing 76 ORDER denying #73 Motion for Leave to file Instanter Reply Memorandum in support of Caterpillar's Motion for entry of protective order governing discovery and handling of confidential materials . Signed by Judge Joe Brown on 6/7/07. (km, )
June 6, 2007 Opinion or Order Filing 75 PROTECTIVE ORDER. Signed by Judge Joe Brown on 6/6/07. (km, )
June 6, 2007 Opinion or Order Filing 74 ORDER: #69 Motion for Protective Order is granted in part and denied in part . Signed by Judge Joe Brown on 6/6/07. (km, )
June 5, 2007 Opinion or Order Filing 73 MOTION for Leave to File Instanter Reply Memorandum in Support of #69 MOTION for Protective Order Governing Discovery and Handling of Confidential Materials by Caterpillar, Inc.. (Attachments: #1 Exhibit Reply Memorandum)(Torres, Joseph) Modified text on 6/6/2007 (gi, ).
June 1, 2007 Opinion or Order Filing 72 ORDER referring #69 Motion for Entry of Protective Order to Magistrate Judge Joe Brown for disposition. Signed by Judge Aleta A. Trauger on 6/1/07. (gi, )
May 31, 2007 Opinion or Order Note to Filer re DE #71: Affidavits/declarations should be filed as separate events, not as attachments to other pleadings. It is not necessary to re-file this document. (gi, )
May 30, 2007 Opinion or Order Filing 71 RESPONSE in Opposition re #69 MOTION for Protective Order GOVERNING DISCOVERY AND HANDLING OF CONFIDENTIAL MATERIALS filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Appendix Index of Exhibits#2 Exhibit 1-Protective Order draft proposed by the Kerns Plaintiffs and the Winnett Plaintiffs#3 Exhibit 2-Affidavit of Lisa M. Smith (5/30/2007)#4 Exhibit 3-Printout of 12:37 p.m. and 2:38 p.m. 5/10/2007 emails from Caterpillar counsel Derek Barella to Kerns Plaintiffs' counsel Lisa Smith and Winnett Plaintiffs' counsel Karen Sheley#5 Exhibit 4- 5/14/2007 letter from counsel Karen Sheley to counsel Derek Barella#6 Exhibit 5-6/23/2003 Protective Order in Yolton, et al. v. El Paso Tennessee Pipeline and Case Corporation, Case No. 02-71564 (E.D. Mich.)(docket 28)#7 Exhibit 3/9/2007 Protective Order in Yolton, et al. v. El Paso Tennessee Pipeline and Case Corporation, Case No. 02-71564 (E.D. Mich.)(docket 227)#8 Exhibit 7-5/9/2005 Protective Order in Reese, et al. v. CNH America LLC (formerly known as Case Corporation), Case No. 04-70592 (E.D. Mich.)(docket 60)#9 Exhibit 8-2/16/2007 Protective Order in Neil, et al. v. Raytheon Co., Case No. 3:05-CV-2521-B(N.D. Tex.)(docket 46))(Smith, Lisa)
May 16, 2007 Opinion or Order Note to Filer: DE #69: The declaration should be filed as a separate event, not as an attachment to another pleading. DE #70: Each exhibit should be filed as a separate attachment to the main document, rather than together as one attachment. It is not necessary to re-file these documents. (gi, )
May 15, 2007 Opinion or Order Filing 70 MEMORANDUM in Support of #69 MOTION for Protective Order GOVERNING DISCOVERY AND HANDLING OF CONFIDENTIAL MATERIALS filed by Caterpillar, Inc.. (Attachments: #1 Exhibit 1- Unpublished Cases)(Torres, Joseph)
May 15, 2007 Opinion or Order Filing 69 MOTION for Protective Order GOVERNING DISCOVERY AND HANDLING OF CONFIDENTIAL MATERIALS by Caterpillar, Inc.. (Attachments: #1 Proposed Order #2 Exhibit A- Declaration of Derek G. Barella#3 Exhibit B- Confidentiality Protective Order)(Torres, Joseph)
April 27, 2007 Opinion or Order Filing 68 NOTICE by Caterpillar, Inc. of Withdrawal of Robert M. Williams, Jr. (Eastwood, Lawrence)
April 26, 2007 Opinion or Order Filing 67 REPLY to Response to Motion re #60 MOTION to Certify Class Plaintiff's Motion for Class Certification and Memorandum of Law in Support, #59 MOTION to Certify Class Plaintiffs' Motion for Class Certification and Memorandum of Law in Support filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Exhibit Index of Exhibits#2 Exhibit 10 - Caterpillar Med Exp Survivor's Coverage Hourly form for Judith Kerns#3 Exhibit 11- Caterpillar Med Exp Survivor's coverage hourly form for Marcia Nalley#4 Exhibit 12 - Caterpillar docs on Elmer Stewart (8/16/99)#5 Exhibit 13- Judith Kerns dep transcript#6 Exhibit 14 - Marcia Nalley dep transcript#7 Exhibit 15 - Sandra Stewart dep transcript#8 Exhibit 16 - Neil v. Raytheon Co. case no. 05-2521 N.D. Tex. Aug 25, 2006))(Smith, Lisa)
April 13, 2007 Opinion or Order Filing 66 RESPONSE in Opposition re #60 MOTION to Certify Class Plaintiff's Motion for Class Certification and Memorandum of Law in Support filed by Caterpillar, Inc.. (Attachments: #1 Exhibit 1--Unpublished Cases#2 Exhibit 2--Deposition Testimony)(Torres, Joseph)
April 9, 2007 Opinion or Order Filing 65 ORDER: The #63 Motion for One-Week Extension is granted in part. The deft shall file its response in opposition to the #60 Motion for Class Certification by 4/13/07. The Pltfs' reply deadline of 4/27/07 shall remain as scheduled. This is due to the Court's own schedule for consideration of this motion. Signed by Judge Aleta A. Trauger on 4/9/07. (jb)
April 5, 2007 Opinion or Order Filing 64 MEMORANDUM in Support of #63 MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Certify Class Plaintiff's Motion for Class Certification and Memorandum of Law in Support filed by Caterpillar, Inc.. (Torres, Joseph)
April 5, 2007 Opinion or Order Filing 63 MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Certify Class Plaintiff's Motion for Class Certification and Memorandum of Law in Support by Caterpillar, Inc.. (Torres, Joseph)
March 6, 2007 Opinion or Order Filing 62 ORDER granting #61 Joint Stipulation to extend current deadlines. Ddl for deft's responses in opposition to #60 pltfs' mtns for class certification to be filed by 4/6/07; pltfs' replies in support of mtns for class certification to be filed by 4/27/07. A copy of this order should be entered in each case (3:06-1113 & 3:06-0235). Signed by Judge Aleta A. Trauger on 3/6/07. (gi, )
March 5, 2007 Opinion or Order Filing 61 STIPULATION re #58 Order,, Set Deadlines, Joint Stipulation to Extend the Current Deadlines for Defendant's Responses in Opposition to Plaintiffs' Motions for Class Certification and Plaintiffs' Replies in Support in Both the Winnett and Kerns Suits by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Proposed Order Order Granting Joint Stip to Extend Deadlines)(Smith, Lisa)
February 16, 2007 Opinion or Order Filing 60 MOTION to Certify Class Plaintiff's Motion for Class Certification and Memorandum of Law in Support by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Smith, Lisa)
February 16, 2007 Opinion or Order Filing 59 (See D/E #60 for complete Motion) MOTION to Certify Class Plaintiffs' Motion for Class Certification and Memorandum of Law in Support by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Appendix Exhibit List#2 Exhibit 1 - Company list of surviving spouses for retirement dates on or after March 16, 1998 and before January 10, 2005#3 Exhibit 2 - Caterpillar Benefit Plans under the 1998 UAW Central Bargaining agreement (excerpts), Insurance Plan Agreement and its Exhibit 1, the Group Insurance Plan (Part 1)#4 Exhibit 2 continued#5 Exhibit 2 continued#6 Exhibit 2 continued#7 Exhibit 3 - Caterpillar Benefit Plans booklet, 1999#8 Exhibit 4 - 2-15-2007 Affidavit of Samuel C. McKnight with attached transcripts#9 Exhibit 5 - 2/15/2007Affidavit of Lisa M. Smith#10 Exhibit 6 - 2/12/2007 Affidavit of Judith K. Kerns with attachments#11 Exhibit 7 - 2/13/2007 Affidavit of Marcia Nalley with attachments#12 Exhibit 8 - 2/14/2007 Affidavit of Sandra L. Stewart with attachemnts#13 Exhibit 9 - Additional Cases (Part 1)#14 Exhibit 9 - Additional Cases (Part 2))(Smith, Lisa) Modified on 2/16/2007 (km, ).
December 29, 2006 Opinion or Order Filing 58 JOINT INITIAL CASE MANAGEMENT ORDER: Discovery cutoff is 11/30/2007. Motions for class certification to be filed by 2/16/07. Dispositive motions to be filed by 5/16/2008. Clerk shall file a copy of this order in the file of the Winnett case (3:06-0235). Signed by Judge Aleta A. Trauger on 12/29/06. (gi, )
December 28, 2006 Opinion or Order Filing 57 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 11/4/2008 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Final Pretrial Conference set for 10/31/2008 at 01:30 PM before District Judge Aleta A. Trauger. Proposed Pretrial Order, witness/exhibit lists, stipulations and expert witness statements due by 10/28/2008. Signed by Judge Aleta A. Trauger on 12/28/06. (gi, )
December 21, 2006 Opinion or Order Filing 56 REPLY to Response to Motion re #42 MOTION to Dismiss filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A.- 04/24/2006 Letter re the UAW Sponsored lawsuit for three surviving spouses of Caterpillar employees who retired between March 16, 1998 and January 10, 2005#2 Exhibit B- Westlaw Case Cite for Patterson v. Haskins; F.3d 2006 WL 3068988 at *20 (6th Cir. Oct. 31, 2006))(Torres, Joseph)
December 21, 2006 Opinion or Order Filing 55 JOINT PROPOSED INITIAL CASE MANAGEMENT ORDER by the parties. (Smith, Lisa) Modified Text on 12/21/06 (jb).
December 18, 2006 Opinion or Order Filing 54 ORDER: the stay of discovery is lifted upon entry of this order; Cancelling Initial Case Mgt Conference scheduled for 1/12/07; the deft may file a reply to the pending Motion to Dismiss by 12/21/06. Signed by Judge Aleta A. Trauger on 12/18/06. (hv)
December 1, 2006 Opinion or Order Filing 53 ORDER granting #47 Motion for Samuel C. Knight and Lisa M. Smith to Appear Pro Hac Vice. Signed by Judge Aleta A. Trauger on 12/1/06. (gi, )
December 1, 2006 Opinion or Order Filing 52 ORDER granting #46 Motion for Samuel Morris to Appear Pro Hac Vice. Signed by Judge Aleta A. Trauger on 12/1/06. (gi, )
December 1, 2006 Opinion or Order Filing 51 ORDER: Per order #97 entered in civil action 3:06-0235, the clerk was directed to file a copy of that order in this action which sets a joint telephonic status conference for 12/18/2006 at 10:30 AM. Signed by Judge Aleta A. Trauger on 11/30/06. (gi, )
November 30, 2006 Opinion or Order Filing 50 RESPONSE in Opposition re #42 MOTION to Dismiss filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #1 Appendix of Exhibits 1 - 10#2 Exhibit Affidavit of James Atwood#3 Exhibit Affidavit of Sandra Stewart#4 Exhibit Notices of Benefit Updates#5 Exhibit Benefits - 1979 Part 1#6 Exhibit Benefits - 1979 - Part 2#7 Exhibit Benefits - 1979 - Part 3#8 Exhibit Benefits - 1988 - Part 1#9 Exhibit Benefits - 1988 - Part 2#10 Exhibit Benefits - 1988 - Part 3#11 Exhibit Benefits - 1988 - Part 4#12 Exhibit Benefits - 1992 - Part 1#13 Exhibit Benfits - 1992 - Part 2#14 Exhibit Benefits - 1992 - Part 3#15 Exhibit Benefits - 1992 - Part 4#16 Exhibit Benefits - 1992 - Part 5#17 Exhibit Benefits - 1998 - Part 1#18 Exhibit Benefits - 1998 - Part 2#19 Exhibit Benefits - 1998 - Part 3#20 Exhibit Benefits - 1998 - Part 4#21 Exhibit Benefits - 1998 - Part 5#22 Exhibit Benefits - 1998 - Part 6#23 Exhibit Benefits - 1998 - Part 7#24 Exhibit Benefits - 1998 - Part 8#25 Exhibit Benefits - 2004 - Part 1#26 Exhibit Benefits - 2004 - Part 2#27 Exhibit Benefits - 2004 - Part 3#28 Exhibit Benefits - 2004 - Part 4#29 Exhibit Benefits - 2004 - Part 5#30 Exhibit Memorandum and Order - IAM Case#31 Exhibit Benefits - 1976 - Part 1#32 Exhibit Benefits - 1976 - Part 2#33 Exhibit Benefits - 1976 - Part 3#34 Proposed Order Denying Caterpillar's 9/29/06 Motion to Dismiss)(Godwin, Deborah)
November 30, 2006 Opinion or Order Filing 49 RECEIPT #112466 in the amount of $225.00 for Attys Morris, McKnight & Smith to Appear PHV re #46 & #47 (gi, )
November 30, 2006 Opinion or Order Filing 48 NOTICE of Appearance by Deborah Godwin on behalf of Sandra L. Stewart, Judith K. Kerns, Marcia Nalley (Godwin, Deborah)
November 27, 2006 Opinion or Order Filing 47 MOTION for attorney Samuel McKnight and Lisa Smith to Appear Pro Hac Vice by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (PHV Fee Paid) (Attachments: #1 Certificates of Good Standing#2 Proposed Order Samuel McKnight and Lisa Smith)(Morris, Samuel) Modified on 11/30/2006 (gi, ).
November 27, 2006 Opinion or Order Filing 46 MOTION for attorney Samuel Morris to Appear Pro Hac Vice by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (PHV Fee Paid)(Attachments: #1 Certificate of Good Standing#2 Proposed Order Samuel Morris)(Morris, Samuel) Modified on 11/30/2006 (gi, ).
November 22, 2006 Opinion or Order Filing 45 NOTICE of Initial Case Management Conference set Friday, 1/12/2007 at 03:30 p.m. in the Chambers of Judge Aleta A. Trauger. (aef, )
November 16, 2006 Opinion or Order Filing 44 AFFIDAVIT re #43 Memorandum in Support of Motion to Dismiss by Caterpillar, Inc. (originally filed in WDTN-Redocketed for tracking purposes)(Exhibits 1-23 not docketed in case, but printed out & placed with paper file) (aef, )
November 16, 2006 Opinion or Order Filing 43 MEMORANDUM in Support of #42 MOTION to Dismiss filed by Caterpillar, Inc. (originally filed in WDTN-Redocketed for tracking purposes) (aef, )
November 16, 2006 Opinion or Order Filing 42 MOTION to Dismiss by Caterpillar, Inc. (originally filed in WDTN-Redocketed for tracking purposes) (aef, )
November 16, 2006 Opinion or Order Filing 41 Additional Attachments to Main Document with docket sheet from USDC/WDTN re DE #40 with: (Attachments: #(1) DE 18-Response to Motion to Change Venue (exhibits not docketed); #(2) DE 19-Response to Motion to Stay; #(3) DE 20-Response to Motion for Extension of Time; #(4) DE 22-Notice of Appearance by Robert M. Williams, Jr.; #(5) DE 23-Motion for Leave to File Reply Memo to Motion for Change of Venue; #(6) DE 25-Response to Motion for Leave; #(7) DE 27-Scheduling Order; #(8) DE 28-Corporate Disclosure Statement of Caterpillar, Inc.; #(9) DE 29-Order setting trial; #(10) DE 30-Setting Letter; #(11) DE 31-Motion to Dismiss; #(12) DE 31-2-Memorandum in Support of Motion to Dismiss; #(13) DE 31-3-Affidavit (exhibits not docketed, but printed out & placed with paper file folder); #(14) DE 32-Motion for extension of time to respond to motion to dismiss; #(15) DE 32-2 Memorandum in Support of Motion for extension of time; #(16) DE 34-Notice of Correction; #(17) DE 35-Order granting motion for extension of time to respond to motion to dismiss; #(18) DE 36-Order setting telephone conference; #(19) DE 37-Setting Letter; #(20) DE 39 Order transferring case to MDTN)(aef, )
November 16, 2006 Opinion or Order Filing 40 Case transferred in from the USDC/WDTN Case Number 2:06cv2213. Original file with documents numbered 1-39, certified copy of transfer order and docket sheet received, filed by Sandra L. Stewart, Judith K. Kerns, Marcia Nalley. (Attachments: #(1) DE 1, complaint #(2) DE 1-2, civil cover sheet #(3) DE 2, motion to appear pro hac vice #(4) DE 3, motion to change venue #(5) DE 4, memorandum in support #(6) DE 5, certificate of counsel #(7) DE 6, appendix to motion to change venue #(8) DE 6-2, Exhibit A #(9) DE 6-3, Exhibit A part 2 #(10) DE 6-4, Exhibit B #(11) DE 6-5, Exhibit C #(12) DE 6-6, Exhibit D #(13) DE 6-7, Exhibit E #(14) DE 6-8, Exhibit E part 2 #(15) DE 6-9, Exhibit E part 3 #(16) DE 6-10, Exhibit E part 4 #(17) DE 6-11, Exhibit E part 5 #(18) DE 6-12, Exhibit E part 6 #(19) DE 6-13, Exhibit E part 7 #(20) DE 6-14, Exhibit E part 8 #(21) DE 6-15, Exhibit E part 9 #(22) DE 6-16, Exhibit E part 10 #(23) DE 6-17, Exhibit E part 11 #(24) DE 6-18, Exhibit E part 12 #(25) DE 6-19, Exhibit E part 13 #(26) DE 6-20, Exhibit E part 14 #(27) DE 6-21, Exhibit E part 15 #(28) DE 6-22, Exhibit E part 16 #(29) DE 6-23, Exhibit E part 17 #(30) DE 7, Notice #(31) DE 8, motion to stay #(32) DE 8-2, Exhibit A #(33) DE 8-3, memorandum #(34) DE 8-4, certificate of counsel #(35) DE 9, motion for extension of time #(36) DE 9-2, memorandum in support #(37) DE 9-3, certificate of counsel #(38) DE 10, Order #(39) DE 11, Order #(40) DE 12, Order #(41) DE 13, motion to appear pro hac vice #(42) DE 13-2, certificate of good standing #(43) DE 14, order #(44) DE 15, motion of extension of time #(45) DE 16, certificate of counsel #(46) DE 17, amended motion for extension of time #(47) DE 17-2, certificate of counsel)(rm)

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Search for this case: Kerns et al v. Caterpillar, Inc.
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Counter plaintiff: UAW Local Union No. 1415
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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Counter plaintiff: UAW Local Union No. 2096
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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Counter plaintiff: UAW Local Union No. 145
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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3rd party defendant: UAW Local Union No. 751
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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3rd party defendant: UAW Local Union No. 1086
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Matthew Clash-Drexler
Represented By: Lisa M. Smith
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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3rd party defendant: UAW Local Union No. 786
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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3rd party defendant: UAW Local Union No. 974
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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3rd party defendant: International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
Represented By: W. Gary Kohlman
Represented By: Jerry E. Martin
Represented By: Matthew Clash-Drexler
Represented By: Lisa M. Smith
Represented By: Edmund L. Carey, Jr.
Represented By: David W. Garrison
Represented By: Joshua B. Shiffrin
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Plaintiff: Sandra L. Stewart
Represented By: Samuel C. McKnight
Represented By: Lilyan N. Talia
Represented By: Meagan Brooke Dolleris
Represented By: Samuel Morris
Represented By: Benjamin L. King
Represented By: Deborah Godwin
Represented By: Lisa M. Smith
Represented By: Jordan D. Rossen
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Plaintiff: Marcia Nalley
Represented By: Samuel C. McKnight
Represented By: Lilyan N. Talia
Represented By: Meagan Brooke Dolleris
Represented By: Samuel Morris
Represented By: Benjamin L. King
Represented By: Deborah Godwin
Represented By: Lisa M. Smith
Represented By: Jordan D. Rossen
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Plaintiff: Judith K. Kerns
Represented By: Samuel C. McKnight
Represented By: Lilyan N. Talia
Represented By: Meagan Brooke Dolleris
Represented By: Jack W. Stride
Represented By: Samuel Morris
Represented By: Benjamin L. King
Represented By: Deborah Godwin
Represented By: Lisa M. Smith
Represented By: Jordan D. Rossen
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3rd party plaintiff: Caterpillar, Inc.
Represented By: Megan M. Sutton
Represented By: Lawrence Slade Eastwood, Jr.
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Interested party: Phyllis Blair
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