Brickhouse v. Caterpillar Inc. et al
| Michael Brickhouse |
| Caterpillar Inc. and Peterbilt Motors Company |
| 3:2007cv00194 |
| February 14, 2007 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Sumner |
| Juliet E Griffin |
| John T Nixon |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 30, 2009. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 Docket entry number 45 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 4/30/09 by DT. (dt) |
Filing 45
ORDER: Plaintiff failed to present evidence to support his claims that Defendant Caterpillar breached an express warranty, an implied warranty of merchantability, or an implied warranty of fitness for a particular use. Therefore, Defendant's Motion for Summary Judgment #23 is Granted. Signed by Senior Judge John T. Nixon on 4/30/09. (dt)
|
| Filing 44 STIPULATION OF VOLUNTARY DISMISSAL with Prejudice of Plaintiff's claims under the Tennessee Consumer Protection Act and the Magnuson-Moss Warranty Act. Signed by Senior Judge John T. Nixon on 4/15/09. (dt) |
|
Filing 43
ORDER: As directed by the Court in the order entered 10/23/2008 #38 , on 4/14/2009, the parties filed a stipulation of voluntary dismissal with prejudice of the plaintiff's claims under the Tennessee Consumer Protection Act and the Magnuson-Moss Warranty Act #42 , for consideration by the Honorable John T. Nixon. As a result and as provided in the order entered 3/30/2009 #41 , the telephone conference call, scheduled on 4/15/2009, is Cancelled. Signed by Magistrate Judge Juliet E. Griffin on 4/15/09. (dt)
|
| Filing 42 PROPOSED STIPULATION of Dismissal With Prejudice of Plaintiffs Claims Under the Tennessee Consumer Protection Act and the Magnuson-Moss Warranty Act by Michael Brickhouse, Caterpillar Inc.. (Chapski, Robert) Modified Text on 4/15/2009 (dt). |
|
Filing 41
ORDER: The plaintiff has not made any filing in accord with the 10/23/2008, order. Counsel for the parties shall convene a Telephone Conference call with the Court on 4/15/2009 at 1:00 PM, to be initiated by defendant's counsel, to address what action the plaintiff intends to take in compliance with the 10/23/2008, order. Signed by Magistrate Judge Juliet E. Griffin on 3/30/09. (dt)
|
|
Filing 40
ORDER granting #39 Motion to Withdraw as Attorney. Attorney Matthew J. Mumfrey terminated. Defendant Caterpillar, Inc. remains represented by Randolph Bibb Jr. and Robert F. Chapski. Signed by Magistrate Judge Juliet E. Griffin on 2/17/09. (dt)
|
| Filing 39 MOTION to Withdraw as Attorney Matthew J. Mumfrey by Caterpillar Inc.. (Attachments: #1 Proposed Order Withdrawing Matthew Mumfrey As Counsel)(Chapski, Robert) |
|
Filing 38
ORDER: Plaintiff to file such a stipulation with the Court in regard to the claims arising under the Magnuson-Moss Act and the TCPA or, in the alternative, to reassert these claims. Either filing will allow the Court to rule on Defendant's Motion for Summary Judgment. Signed by Senior Judge John T. Nixon on 10/23/08. (dt)
|
|
Filing 37
ORDER: Status conference held on 4/15/08, at which time counsel for the parties advised that they were not in a postion to address settlement or participate in any form of ADR until after the resolution of the defendant's pending motion for summary judgment #23 . Counsel for the parties shall call the office of the Magistrate Judge within 5 days of the resolution of the pending motion for summary judgment to schedule a telephone conference call with the Court. The third paragraph of the order entered 3/20/08 #36 is hereby AMENDED to read as follows: By order entered 2/28/08 #33 , the plaintiff's claims against defendant Peterbilt Motors Company were dismissed with prejudice. Therefore, the motion for summary judgment filed by defendant Peterbilt #18 is rendered MOOT, and the Clerk is directed to terminate that motion as pending. Signed by Magistrate Judge Juliet E. Griffin on 4/15/08. (dt)
|
| Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Case Management Conference held on 4/15/2008; ORDER to enter. (Tape #G2008-061, 062.) (jwc) |
|
Filing 36
ORDER: Plaintiff's Motion for Continuance #35 is Denied as Moot. MOTION to Substitute Attorney #34 is Granted. Clerk is directed to terminate Laura Hope Bishop as counsel for plaintiff and substitute Richard E. VanAntwerp as counsel for the plaintiff. Status Conference set for 4/15/2008 at 01:00 PM, to address whether the parties want to schedule a trial now or wait until the resolution of the pending motion for summary judgment filed by defendant Caterpillar; the potential for settlement and/or propriety of ADR at this stage in the proceedings; whether any further pretrial activity remains; whether there are any matters to be addressed by the Magistrate prior to trial; and any other appropriate matters. Signed by Judge Juliet E. Griffin on 3/20/08. (dt)
|
| Note to Filer re Docket Entry Nos. 34-35: Proposed orders should be filed as separate attachments to the main document. These documents do not need to be re-filed unless otherwise directed by the Court. (dt) |
| Filing 35 MOTION to Continue Trial by Michael Brickhouse. (Bishop, Laura) Modified Text on 3/19/2008 (dt). |
| Filing 34 MOTION to Substitute Attorney Richard VanAntwerp by Michael Brickhouse. (Bishop, Laura) |
|
Filing 33
ORDER & STIPULATION of voluntary dismissal of deft Peterbilt Motors Company with prejudice. Signed by Judge John T. Nixon on 2/28/08. (gi)
|
|
Filing 32
ORDER REASSIGNING CASE: Pursuant to the division of the docket, case reassigned to Judge Juliet E. Griffin for all further proceedings. All deadlines remain unchanged, absent further order of the court. Judge E. Clifton Knowles no longer assigned to case. Signed by Judge Todd J. Campbell on 02/25/08. (ab)
|
| Filing 31 REPLY to Response to #23 MOTION for Summary Judgment filed by Caterpillar Inc.. (Chapski, Robert) Modified Text on 2/25/2008 (dt). |
| Filing 30 STIPULATION of Dismissal of Peterbilt Motors Company by Michael Brickhouse. (Bishop, Laura) |
| Note to Filer re Docket Entry Nos. 26 & 27: All documents should be filed so that they may be read without the necessity of rotation. These documents do not need to be re-filed unless otherwise directed by the Court. (dt) |
| Filing 29 RESPONSE filed by Michael Brickhouse to #25 Statement of Undisputed Material Facts filed by Caterpillar Inc.. (Bishop, Laura) Modified Text on 2/11/2008 (dt). |
| Filing 28 RESPONSE in Opposition to #23 MOTION for Summary Judgment by Defendant Caterpillar, Inc. filed by Michael Brickhouse. (Attachments: #1 Exhibit A - Retail Sales Order#2 Exhibit A - Retail Installment Contract#3 Exhibit A - Titling Information#4 Exhibit A - Extended Service Coverage#5 Exhibit A - Gap Insurance#6 Exhibit B - Plaintiff's Deposition Transcript#7 Exhibit C - Caterpillar's Warranty Agreement#8 Exhibit D - Marvin Pratt's Report Part 1#9 Exhibit D - Marvin Pratt's Report Part 2#10 Exhibit D - Marvin Pratt's Report Part 3#11 Exhibit D - Marvin Pratt's Report Part 4#12 Exhibit D - Marvin Pratt's Report Part 5#13 Exhibit D - Marvin Pratt's Report Part 6#14 Exhibit D - Marvin Pratt's Report Part 7#15 Exhibit D - Marvin Pratt's Report Part 8#16 Exhibit D - Marvin Pratt's Report Part 9#17 Exhibit D - Marvin Pratt's Report Part 10#18 Exhibit D - Marvin Pratt's Report Part 11#19 Exhibit D - Marvin Pratt's Report Part 12#20 Exhibit E - Additional Repair History#21 Exhibit F - Case Law)(Bishop, Laura) Modified Tex on 2/11/2008 (dt). |
| Filing 27 RESPONSE filed by Michael Brickhouse to #20 Statement of Facts filed by Peterbilt Motors Company. (Bishop, Laura) Modified Text on 2/11/2008 (dt). |
| Filing 26 RESPONSE in Opposition to #18 MOTION for Summary Judgment filed by Michael Brickhouse. (Attachments: #1 Exhibit A - Retail Sales Order#2 Exhibit A - Retail Installment Contract#3 Exhibit A - Titling Information#4 Exhibit A - Extended Service Coverage#5 Exhibit A - Gap Insurance#6 Exhibit B - Plaintiff's Deposition Transcript#7 Exhibit C - Marvin Pratt's Report Part 1#8 Exhibit C - Marvin Pratt's Report Part 2#9 Exhibit C - Marvin Pratt's Report Part 3#10 Exhibit C - Marvin Pratt's Report Part 4#11 Exhibit C - Marvin Pratt's Report Part 5#12 Exhibit C - Marvin Pratt's Report Part 6#13 Exhibit C - Marvin Pratt's Report Part 7#14 Exhibit C - Marvin Pratt's Report Part 8#15 Exhibit C - Marvin Pratt's Report Part 9#16 Exhibit C - Marvin Pratt's Report Part 10#17 Exhibit C - Marvin Pratt's Report Part 11#18 Exhibit C - Marvin Pratt's Report Part 12#19 Exhibit D - Additional Repair History#20 Exhibit E - Peterbilt's Warranty Agreement)(Bishop, Laura) Modified Text on 2/11/2008 (dt). |
| Note to Filer re Docket Entry No. 19: The mandatory description field should be used to accurately describe the contents of your attachments (labeling as Exhibit Case Law 1, Exhibit Case Law 2 is not sufficient). This document does not need to be re-filed unless otherwise directed by the Court. (dt) |
| Filing 25 CONCISE STATEMENT of Undisputed Material Facts filed by Caterpillar Inc. in support of #23 Motion for Summary Judgment. (Chapski, Robert) Modified Text on 1/14/2008 (dt). |
| Filing 24 MEMORANDUM in Support of #23 MOTION for Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Unpublished Decisions)(Chapski, Robert) |
| Filing 23 MOTION for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Exhibit A - Deposition of Michael Brickhouse#2 Exhibit B - Deposition of Marvin Pratt#3 Exhibit C - Plaintiff's Responses to Caterpillar Interrogatories#4 Exhibit D - Plaintiff's Responses to Requests for Admissions Served by Paccar, Inc.)(Chapski, Robert) |
| Filing 22 DECLARATION of Ron Johnson filed by Peterbilt Motors Company re: #18 MOTION for Summary Judgment. (Attachments: #1 Exhibit - Exhibit 1)(Glasgow, Sarah) |
| Filing 21 NOTICE of Filing by Peterbilt Motors Company re #18 MOTION for Summary Judgment (Attachments: #1 Exhibit Brickhouse Depo Part 1#2 Exhibit Brickhouse Depo Part 2#3 Exhibit Brickhouse Depo Part 3#4 Exhibit Brickhouse Depo Part 4#5 Exhibit Brickhouse Depo (Exhibits)#6 Exhibit Pratt Depo Part 1#7 Errata Pratt Depo Part 2#8 Exhibit Pratt Depo Part 3#9 Exhibit Pratt Depo Part 4#10 Exhibit Pratt Depo Part 5#11 Exhibit Pratt Depo Exhibits (Part 1)#12 Exhibit Pratt Depo Exhibits (Part 2)#13 Errata Pratt Depo Exhibits (Part 3)#14 Exhibit Pratt Depo Exhibits (Part 4)#15 Exhibit Pratt Depo Exhibits (Part 5)#16 Exhibit Pratt Depo Exhibits (Part 6)#17 Exhibit Pratt Depo Exhibits (Part 7)#18 Exhibit Pratt Depo Exhibits (Part 8)#19 Exhibit Pratt Depo Exhibits (Part 9)#20 Exhibit Pratt Depo Exhibits (Part 10))(Glasgow, Sarah) |
| Filing 20 STATEMENT of Undisputed Facts filed by Peterbilt Motors Company in support of #18 Motion for Summary Judgment. (Glasgow, Sarah) Modified Text on 1/14/2008 (dt). |
| Filing 19 MEMORANDUM in Support of #18 MOTION for Summary Judgment filed by Peterbilt Motors Company. (Attachments: #1 Exhibit Case Law 1#2 Exhibit Case Law 2)(Glasgow, Sarah) |
| Filing 18 MOTION for Summary Judgment by Peterbilt Motors Company. (Glasgow, Sarah) |
| Filing 17 NOTICE to Take Deposition of Plaintiff's Rule 26 Testifying Expert, Marvin D. Pratt by Caterpillar Inc.. (Attachments: #1 Exhibit A)(Chapski, Robert) |
| Filing 16 NOTICE to Take Deposition of Plaintiff Michael Brickhouse by Caterpillar Inc..(Chapski, Robert) |
| Note to File re Docket Entry No. 15: Pursuant to the Case Management Order #11 of this Court, discovery material such as this is to be submitted to the Plaintiff, not filed with the Court. This document does not need to be re-filed unless otherwise directed by the Court. (dt) Modified Text on 11/14/2007 (dt). |
| Filing 15 NOTICE by Peterbilt Motors Company of Service of Rule 26 Expert Disclosure (Attachments: #1 Exhibit 1 - Michael Mounsey Report#2 Exhibit 2 - Michael Mabry Report#3 Exhibit 3 - Michael Mabry Report (Attachment 1 of 5)#4 Exhibit 4 - Michael Mabry Report (Attachment 2 of 5)#5 Exhibit 5 - Michael Mabry Report (Attachment 3 of 5)#6 Exhibit 6 - Michael Mabry Report (Attachment 4 of 5)#7 Exhibit 7 - Michael Mabry Report (Attachment 5 of 5))(Glasgow, Sarah) |
|
Filing 14
ORDER granting #12 Motion for Matthew J. Mumfrey to Appear Pro Hac Vice. Signed by Judge John S. Bryant on 11/5/07. (dt)
|
| Filing 13 RECEIPT #36502 in the amount of $75.00 posted by Waller Lansden for Matthew Mumfrey, attorney for Caterpillar Inc., re #12 Motion to Appear Pro Hac Vice. (dt) |
| Note to Filer re Docket Entry No. 12: The certificate of good standing 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) |
| Filing 12 MOTION for attorney Matthew J. Mumfrey to Appear Pro Hac Vice by Caterpillar Inc. (Attachments: #1 Exhibit A (certificate of good standing)#2 Proposed Order)(Chapski, Robert) (PHV FEE PAID on 11/1/07) Modified Text on 10/31/2007 (dt). Modified Text on 11/1/2007 (dt). |
|
Filing 11
INITIAL CASE MANAGEMENT ORDER: Discovery due by 11/30/2007. Dispositive Motions due by 1/11/2008. Signed by Judge E. Clifton Knowles on 4/9/07. (dt)
|
| Minute Entry for proceedings held before Judge E. Clifton Knowles : Initial Case Management Conference held on 4/9/2007. Proposed Case Management Order submitted. Dispositive motion ddl is 1/11/08; Order to enter. (Tape #2007-15 MK.) (Knoch, Marcia) |
| Filing 10 PROPOSED CASE MANAGEMENT ORDER filed by Michael Brickhouse. (Bishop, Laura) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Peterbilt Motors Company. (Jacobson, John) |
| Filing 8 NOTICE of Appearance by John R. Jacobson and Sarah Glasglow on behalf of Peterbilt Motors Company (Jacobson, John) Modified Text on 2/28/2007 (dt). |
| Filing 7 ANSWER to Complaint with Jury Demand by Peterbilt Motors Company.(Jacobson, John) |
| Filing 6 ANSWER to Complaint by Caterpillar Inc..(Chapski, Robert) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Caterpillar Inc.. (Chapski, Robert) |
| Filing 4 NOTICE of Initial Case Management Conference set for Monday 4/9/2007 at 10:00 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (eh) |
| Filing 3 NOTICE to adverse parties of the filing of the Notice of Removal by Caterpillar Inc. (Attachments: #1 Exhibit A)(eh) |
| Filing 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. from Circuit Court of Davidson County, Tennessee, case number 07C62. (Attachments: #1 Original Complaint)(eh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
