AIG Europe Ltd. v. Caterpillar Inc. et al
| AIG Europe Ltd. |
| Caterpillar Inc. and Dragon Products, LLC |
| 1:2017cv00319 |
| July 24, 2017 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Jefferson |
| Marcia A Crone |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re #107 Notice of Appeal : (ljw, ) |
| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re #107 Notice of Appeal : (ljw, ) |
| USCA 5th Circuit Notice - original record on appeal has been accepted. (bjc, ) |
| NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (bjc, ) |
| NOTICE of Docketing Notice of Appeal from USCA re #107 Notice of Appeal filed by AIG Europe Ltd.. USCA Case Number 19-40934 (bjc, ) |
| Filing 107 NOTICE OF APPEAL by AIG Europe Ltd.. Filing fee $ 505, receipt number 0540-7502760. Appeal Record due by 11/14/2019. (Martin, Dana) ***PLEASE IGNORE APPEAL RECORD DUE. THIS SHOULD NOT HAVE BEEN SET BY THE ATTORNEY.*** |
| Filing 106 FINAL JUDGMENT. The court enters final judgment in favor of Defendants Caterpillar Inc. and Dragon Products, LLC. Plaintiff AIG Europe LTD. shall take nothing by its suit. Signed by District Judge Marcia A. Crone on 10/03/2019. (bmf) |
Filing 105
MEMORANDUM ORDER Caterpillars Motion for Summary Judgment #58 and Dragons Motion for Summary Judgment #59 are granted. AIGs Motion for Partial Summary Judgment #57 is denied. The parties various motions to strike experts and their reports #49 #50 #51 #52 #53 #55 #56 #60 #61 #62 are granted and denied as set forth in the order. Caterpillars and Dragons Motions for Spoliation Instruction #54 #63 are denied as moot. AIGs Motion to Compel Mediation #103 is denied as moot. Signed by District Judge Marcia A. Crone on 10/03/2019.(bmf)
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| Filing 104 RESPONSE in Opposition to #103 MOTION for Mediation filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 103 MOTION for Mediation by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) |
| Filing 102 SUR-REPLY to Reply to Response to Motion re #57 MOTION for Partial Summary Judgment on Liability Against Defendants Surreply in Support of Caterpillar's Response to Plaintiff's Motion for Partial Summary Judgment filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 101 RESPONSE in Opposition re #57 MOTION for Partial Summary Judgment on Liability Against Defendants Reply in Support of Caterpillar's and Dragon Product's Objections to Plaintiff's Summary Judgment Evidence filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 100 SUR-REPLY to Reply to Response to Motion re #56 Opposed MOTION to Strike Defendant Caterpillar, Inc.'s Expert Witness Greg Hausmann Surreply in Support of Caterpillar's Response to Plaintiff's Motion to Exclude Expert Witness Greg Hausmann filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 99 REPLY to Response to Motion re #59 MOTION for Summary Judgment filed by Dragon Products, LLC. (Attachments: #1 Text of Proposed Order)(Deiss, David) Modified on 8/1/2019 (tkd, ). |
| Filing 98 RESPONSE in Support re #61 Opposed MOTION to Strike AIG's Untimely Amended Expert Report of Faherty & Designation of Martin Mejias filed by Dragon Products, LLC. (Deiss, David) |
| Filing 97 REPLY to Response to #60 MOTION to Strike Expert Reports & Motion to Exclude Expert Testimony of Faherty, Pooler and Stringer filed by Dragon Products, LLC. (Deiss, David) Modified on 8/1/2019 (tkd, ). |
| Filing 96 REPLY to Response to Motion re #63 Opposed MOTION for Spoliation Instruction filed by Dragon Products, LLC. (Deiss, David) |
| Filing 95 REPLY to Response to Motion re #77 Unopposed MOTION for Leave to File Excess Pages for Its Reply to Plaintiff's Response to Motions for Summary Judgment filed by Dragon Products, LLC. (Deiss, David) |
| Filing 94 REPLY to Response to Motion re #50 Opposed MOTION to Strike The Opinions of Expert Arthur Faherty Reply Brief in Support of Caterpillar's Motion to Strike the Opinions of Arthur Faherty filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 93 REPLY to Response to Motion re #58 MOTION for Summary Judgment and Brief in Support Reply Brief in Support of Caterpillar's Motion for Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Appendix Case Law to Caterpillar's Reply Brief in Support of Motion for Summary Judgment, #2 Exhibit 1 - Cutler v Louisville Ladder, #3 Exhibit 2 - Dietz v Waller, #4 Exhibit 3 - Kuisis v Baldwin Lima, #5 Exhibit 4 - Murnane v Sony, #6 Exhibit 5 - Myrlak v Port Auth, #7 Exhibit 6 - Poat v Scroggins, #8 Exhibit 7 - Portillo v Sears Roebuck, #9 Exhibit 8 - Ratliff v City of Houston, #10 Exhibit 9 - Sinclair Oil v Heights Energy, #11 Exhibit 10 - Snyder v Bass Pro, #12 Exhibit 11 - Tillery v Ntl Flood Ins, #13 Exhibit 12 - Travelers Lloyds v All Glass Aquarium, #14 Exhibit 13 - Woodin v JC Penney)(Howell, Brad) |
| Filing 92 REPLY to Response to Motion re #54 Opposed MOTION for Spoliation Instruction Reply Brief in Support of Caterpillar's Motion for Spoliation Instruction filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 91 REPLY to Response to Motion re #53 Opposed MOTION to Strike The Opinions of Expert Ben Hadden Reply Brief in Support of Caterpillar's Motion to Strike the Opinions of Ben Hadden filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 90 REPLY to Response to Motion re #52 Opposed MOTION to Strike The Opinions of Expert Benjamin Pooler Reply Brief in Support of Caterpillar's Motion to Strike the Opinions of Ben Pooler filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 89 REPLY to Response to Motion re #51 Opposed MOTION to Strike The Opinions of Expert Andrew Stringer Reply Brief in Support of Caterpillar's Motion to Strike the Opinions of Andrew Stringer filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 88 REPLY to Response to Motion re #49 Opposed MOTION to Strike The Amended Expert Report of Arthur Faherty and Late Expert Designation of Martin Mejias Reply Brief in Support of Caterpillar's Motion to Strike the Opinions of Martin Mejias filed by Caterpillar Inc.. (Howell, Brad) |
| Filing 87 REPLY to Response to Motion re #58 MOTION for Summary Judgment and Brief in Support Objections to Evidence Cited in Support of Plaintiff's Omnibus Response to Caterpillar's Motion for Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 86 REPLY to Response to Motion re #54 Opposed MOTION for Spoliation Instruction Objections to Evidence Cited in Support of Plaintiff's Response to Caterpillar's Motion for Spoliation Instruction filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 85 REPLY to Response to Motion re #50 Opposed MOTION to Strike The Opinions of Expert Arthur Faherty, #52 Opposed MOTION to Strike The Opinions of Expert Benjamin Pooler, #49 Opposed MOTION to Strike The Amended Expert Report of Arthur Faherty and Late Expert Designation of Martin Mejias, #53 Opposed MOTION to Strike The Opinions of Expert Ben Hadden Objections to Evidence Cited in Support of Plaintiff's Global Response to Defendants Motions to Strike Plaintiff's Experts and/or Their Reports filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 84 REPLY to Response to Motion re #57 MOTION for Partial Summary Judgment on Liability Against Defendants and their opposition to evidence supporting motion filed by AIG Europe Ltd.. (Attachments: #1 Exhibit Timmons Testimony, #2 Exhibit Bradfod Testimony, #3 Supplement)(Martin, Dana) |
| Filing 83 REPLY to Response to Motion re #57 MOTION for Partial Summary Judgment on Liability Against Defendants Caterpillar Inc and Dragon Products LLC filed by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) |
| Filing 82 REPLY to Response to Motion re #55 Opposed MOTION to Strike Defendant Dragon Products' Expert Witness Scott Davis, #56 Opposed MOTION to Strike Defendant Caterpillar, Inc.'s Expert Witness Greg Hausmann filed by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) |
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Filing 81
ORDER granting #78 Motion for Leave to exceed page limits for its reply to plaintiff's response to motions for summary judgment. Signed by District Judge Marcia A. Crone on 7/22/2019. (bjc, )
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Filing 80
***DUPLICATE ORDER PLEASE IGNORE.*** ORDER granting #77 Motion for Leave to exceed page limits for its reply to plaintiff's response to motions for summary judgment. Signed by District Judge Marcia A. Crone on 7/22/2019. (bjc, ) Modified on 7/23/2019 (bjc, ).
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Filing 79
ORDER granting #77 Motion for leave to exceed page limit for its reply to pltf's response to motions for summary judgment. Signed by District Judge Marcia A. Crone on 7/22/19. (tkd, )
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| Filing 78 Unopposed MOTION for Leave to File Exceed Page Limits for Its Reply to Response to MSJ by Dragon Products, LLC. (Attachments: #1 Text of Proposed Order)(Deiss, David) |
| Filing 77 Unopposed MOTION for Leave to File Excess Pages for Its Reply to Plaintiff's Response to Motions for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
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Filing 76
FIFTH AMENDED SCHEDULING ORDER: Status Conference is set for 12/6/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Signed by District Judge Marcia A. Crone on 7/15/19. (mrp, )
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| Filing 75 Amended Appendix of Exhibit D to #73 Response to plaintiff's motion to exclude expert witness Scott Davis filed by Dragon Products, LLC. (Attachments: #1 Appendix)(Deiss, David) Modified on 7/10/2019 (bjc, ). |
| Filing 74 RESPONSE in Opposition re #58 MOTION for Summary Judgment and Brief in Support, #59 MOTION for Summary Judgment Of Caterpillar and Dragon filed by AIG Europe Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Text of Proposed Order)(Martin, Dana) |
| Filing 73 RESPONSE to Motion re #55 Opposed MOTION to Strike Defendant Dragon Products' Expert Witness Scott Davis filed by Dragon Products, LLC. (Attachments: #1 Exhibit, #2 Appendix, #3 Text of Proposed Order)(Deiss, David) |
| Filing 72 RESPONSE in Opposition re #63 Opposed MOTION for Spoliation Instruction , #54 Opposed MOTION for Spoliation Instruction filed by AIG Europe Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Martin, Dana) |
| Filing 71 RESPONSE in Opposition re #57 MOTION for Partial Summary Judgment on Liability Against Defendants Defendants' Caterpillar and Dragon Products' Objections and Response to Plaintiff's Motion for Partial Summary Judgment filed by Caterpillar Inc.. (Attachments: #1 Appendix Appendix 1 of Exhibits, #2 Exhibit A - OMM, #3 Exhibit B - Pooler report, #4 Exhibit C - Stringer report, #5 Exhibit D - Faherty depo, #6 Exhibit E - Haussman depo, #7 Exhibit F - Haussmann affidavit w-report, #8 Exhibit G - Ernull depo, #9 Exhibit H - Baker Hughes hour log, #10 Exhibit I - Ernull affidavit, #11 Exhibit J - Inman affidavit, #12 Exhibit K - Timmons depo vol 1, #13 Exhibit L - Bradford depo, #14 Exhibit M - Timmons depo vol 2, #15 Exhibit N - Mejias depo, #16 Exhibit O - Inman depo, #17 Exhibit P - Markham depo, #18 Exhibit Q - BH spec procedure form, #19 Appendix Appendix 2 of Case Law, #20 Exhibit 1 - Johnson v City of Tyler TX, #21 Exhibit 2 - Odubela v ExxonMobil, #22 Exhibit 3 - Poat v Scroggins, #23 Exhibit 4 - Ratliff v City of Houston, #24 Exhibit 5 - Steward v Kehe Distributors, #25 Exhibit 6 - Tillery v Ntl Flood Ins Program, #26 Text of Proposed Order Proposed Order denying Plff MPSJ)(Howell, Brad) |
| Filing 70 RESPONSE in Opposition re #57 MOTION for Partial Summary Judgment on Liability Against Defendants Defendants' Objections to Plaintiff's Summary Judgment Evidence filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 69 RESPONSE to Motion re #50 Opposed MOTION to Strike The Opinions of Expert Arthur Faherty, #52 Opposed MOTION to Strike The Opinions of Expert Benjamin Pooler, #61 Opposed MOTION to Strike AIG's Untimely Amended Expert Report of Faherty & Designation of Martin Mejias, #49 Opposed MOTION to Strike The Amended Expert Report of Arthur Faherty and Late Expert Designation of Martin Mejias, #63 Opposed MOTION for Spoliation Instruction , #60 Opposed MOTION to Strike Expert Reports & Motion to Exclude Expert Testimony of Faherty, Pooler and Stringer, #51 Opposed MOTION to Strike The Opinions of Expert Andrew Stringer, #62 Opposed MOTION to Strike the Opinions of Expert Ben Hadden filed by AIG Europe Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Martin, Dana) |
| Filing 68 RESPONSE in Opposition re #56 Opposed MOTION to Strike Defendant Caterpillar, Inc.'s Expert Witness Greg Hausmann filed by Caterpillar Inc.. (Attachments: #1 Appendix Appendix 1 of Exhibits, #2 Exhibit A - Martinez depo, #3 Exhibit B - Haussmann affidavit w-report, #4 Exhibit C - Faherty depo, #5 Exhibit D - Haussmann depo, #6 Exhibit E - Timmons report, #7 Exhibit F - Mejias depo, #8 Appendix Appendix 2 of Unreported Case Law, #9 Exhibit 1 - Gaddy v Blitz USA, #10 Exhibit 2 - Gamboa v Centrifugal Casting, #11 Exhibit 3 - Portillo v Sears, #12 Text of Proposed Order Proposed Order denying motion to exclude Haussmann)(Howell, Brad) |
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Filing 67
ORDER granting #66 Motion for Extension of Time to File Responses to Motions identified by docket numbers 49-63. Any replies to those motion responses would then be due on 7/31/19. Signed by District Judge Marcia A. Crone on 6/21/19. (mrp, )
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| Filing 66 Unopposed MOTION for Extension of Time to File Response to #49 , #50 , #51 , #52 , #53 , #55 , #56 , #60 , #61 , and #62 Opposed MOTIONS to Strike, #58 , and #59 MOTIONS for Summary Judgment, #54 , and #63 Opposed MOTIONS for Spoliation Instruction, #57 MOTION for Partial Summary Judgment by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order)(Martin, Dana) Modified on 6/20/2019 (bjc, ). |
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Filing 65
ORDER granting #64 Motion for Extension of Time to File Responses. The Responses to the various motions filed on 5/13/19 are due on or before 6/24/19. The parties' Reply briefs, if any, are due on or before 7/9/19. Signed by District Judge Marcia A. Crone on 5/15/19. (mrp, )
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| Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) |
| Filing 63 Opposed MOTION for Spoliation Instruction by Dragon Products, LLC. (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, #18 Text of Proposed Order Order)(Deiss, David) |
| Filing 62 Opposed MOTION to Strike the Opinions of Expert Ben Hadden by Dragon Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order Order)(Deiss, David) |
| Filing 61 Opposed MOTION to Strike AIG's Untimely Amended Expert Report of Faherty & Designation of Martin Mejias by Dragon Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Text of Proposed Order Order)(Deiss, David) |
| Filing 60 Opposed MOTION to Strike Expert Reports & Motion to Exclude Expert Testimony of Faherty, Pooler and Stringer by Dragon Products, LLC. (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, #18 Exhibit R, #19 Exhibit Cases, #20 Text of Proposed Order Order)(Deiss, David) |
| Filing 59 MOTION for Summary Judgment by Dragon Products, LLC. (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, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Text of Proposed Order Order)(Deiss, David) |
| Filing 58 MOTION for Summary Judgment and Brief in Support by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Initial Disclosures, #4 Exhibit C - Engine Invoice Cat 1119-1120, #5 Exhibit D - Markham Depo, #6 Exhibit E - Inman Depo, #7 Exhibit F - Bradford Depo, #8 Exhibit G - OMM 61, #9 Exhibit H - Mejias Depo, #10 Exhibit I - PPF11441 Maintenance - List of Work Orders, #11 Exhibit J - Timmons Depo 4-23-19, #12 Exhibit K - Falvey Depo, #13 Exhibit L - Sales and Service Cat 1132-1133, #14 Exhibit M - Timmons Depo 3-20-19, #15 Exhibit N - Timmons Report, #16 Exhibit O - Moreno Depo, #17 Exhibit P - 7.16 Email AIG 459-461, #18 Exhibit Q - Hankins Depo, #19 Exhibit R - Caterpillar Interrogatories to Plaintiff 5-1-18, #20 Exhibit S - Plaintiff's First Supplemental Answers to Caterpillar Rogs 12-28-18, #21 Exhibit T - Plaintiff's Initial Expert Designation 8-17-18, #22 Exhibit U - Plaintiff's Supplemental Expert Designation 9-17-18, #23 Exhibit V - Faherty Depo, #24 Exhibit W - Klein Affidavit, #25 Appendix 2 of Unreported Case Law, #26 Exhibit 1 - Brown v Miska, #27 Exhibit 2 - C&M Air v Cub Cadet, #28 Exhibit 3 - Haynesville Shale Rentals v Total Equipment, #29 Exhibit 4 - Irving v Freightliner, #30 Exhibit 5 - Johnson v City of Tyler Texas, #31 Exhibit 6 - Macy v. Whirlpool Corp, #32 Exhibit 7 - Odubela v Exxon Mobil, #33 Exhibit 8 - Rasheed v Church and Dwight Co, #34 Exhibit 9 - Robinson v Proctor and Gamble Distrib, #35 Exhibit 10 - Romero v. Wyeth, #36 Exhibit 11 - Samuel v Johnson and Johnson, #37 Exhibit 12 - Stephenson v Caterpillar, #38 Exhibit 13 - Steward v Kehe Distributors, #39 Exhibit 14 - Transcorp Carriers v Great Dane Ltd Pship, #40 Text of Proposed Order)(Howell, Brad) |
| Filing 57 MOTION for Partial Summary Judgment on Liability Against Defendants by AIG Europe Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Text of Proposed Order)(Martin, Dana) |
| Filing 56 Opposed MOTION to Strike Defendant Caterpillar, Inc.'s Expert Witness Greg Hausmann by AIG Europe Ltd.. (Attachments: #1 Exhibit Testimony of Greg Hausmann, #2 Text of Proposed Order)(Martin, Dana) |
| Filing 55 Opposed MOTION to Strike Defendant Dragon Products' Expert Witness Scott Davis by AIG Europe Ltd.. (Attachments: #1 Exhibit Testimony of Scott Davis, #2 Text of Proposed Order)(Martin, Dana) |
| Filing 54 Opposed MOTION for Spoliation Instruction by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Falvey Depo, #4 Exhibit C - Hadden Report p3, #5 Exhibit D - Plaintiff's Expert Designation pp5-6, #6 Exhibit E - Pooler Report p2, #7 Exhibit F - Stringer Report p3, #8 Exhibit G - BHI 8-1-2016 Notice Letter (BH 166), #9 Exhibit H - Aug 2016 Emails (BH 545-549), #10 Exhibit I - July 2016 Email (AIG 1383), #11 Exhibit J - 7-19-2016 Email (AIG 459-461), #12 Exhibit K - Mejias Depo, #13 Exhibit L - Timmons Report, #14 Exhibit M - Haussman Report, #15 Exhibit N - Faherty AM Report, #16 Exhibit O - Davis Depo, #17 Exhibit P - BHI Corp Rep Depo Notice 4-11-2019, #18 Exhibit Q - Bradford Depo, #19 Appendix 2 of Unreported Case Law, #20 Exhibit 1 - Ford v Potter, #21 Exhibit 2 - Quantlab Tech v Godlevsky, #22 Text of Proposed Order)(Howell, Brad) |
| Filing 53 Opposed MOTION to Strike The Opinions of Expert Ben Hadden by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Initial Disclosures, #4 Exhibit C - Plaintiff's Initial Expert Designation, #5 Exhibit C-1 - Hadden Report-CV, #6 Exhibit D - Plaintiff's Supplemental Expert Designation, #7 Exhibit E - Falvey Depo, #8 Exhibit F-1 - Plaintiff's Interrogatory No. 11 Answer, #9 Exhibit F-2 - Plaintiff's Interrogatory No. 11 Supplemental Answer, #10 Exhibit G - Plaintiff's Request for Production No. 18 Response, #11 Exhibit H - Depo by Written Questions - Subpoena BHI Recs, #12 Exhibit I - BHI Recs Responses, #13 Appendix 2 of Unreported Case Law, #14 Exhibit 1 - Harmon v Georgia Gulf Lake Charles, #15 Text of Proposed Order)(Howell, Brad) |
| Filing 52 Opposed MOTION to Strike The Opinions of Expert Benjamin Pooler by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Initial Disclosures, #4 Exhibit C - Plaintiff's Initial Expert Designation, #5 Exhibit D - Plaintiff's Supplemental Expert Designation, #6 Exhibit E - Pooler Report-CV, #7 Exhibit F - Haussmann Report, #8 Exhibit G - Scott Davis Report, #9 Appendix 2 of Unreported Case Law, #10 Exhibit 1 - Harmon v Georgia Gulf Lake Charles, #11 Text of Proposed Order)(Howell, Brad) |
| Filing 51 Opposed MOTION to Strike The Opinions of Expert Andrew Stringer by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Initial Disclosures, #4 Exhibit C - Plaintiff's Initial Expert Designation, #5 Exhibit D - Plaintiff's Supplemental Expert Designation, #6 Exhibit E - Stringer Report-CV, #7 Exhibit F - Haussmann Report, #8 Exhibit G - Pooler Report-CV, #9 Exhibit H - Davis Report, #10 Appendix 2 of Unreported Case Law, #11 Exhibit 1 - Harmon v Georgia Gulf Lake Charles, #12 Text of Proposed Order)(Howell, Brad) |
| Filing 50 Opposed MOTION to Strike The Opinions of Expert Arthur Faherty by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Initial Disclosures, #4 Exhibit C - Plaintiff's Initial Expert Designation, #5 Exhibit D - Plaintiff's Supplemental Expert Designation, #6 Exhibit E - Faherty Depo, #7 Exhibit F - Faherty Report, #8 Exhibit G - Timmons Report, #9 Appendix 2 of Unreported Case Law, #10 Exhibit 1 - Harmon v Georgia Gulf Lake Charles, #11 Text of Proposed Order)(Howell, Brad) |
| Filing 49 Opposed MOTION to Strike The Amended Expert Report of Arthur Faherty and Late Expert Designation of Martin Mejias by Caterpillar Inc.. (Attachments: #1 Appendix 1 of Exhibits, #2 Exhibit A - Martinez Depo, #3 Exhibit B - Plaintiff's Supplemental Expert Designation, #4 Exhibit B-1 - Faherty Initial Report, #5 Exhibit C - Faherty Depo, #6 Exhibit D - Plaintiff's First Amended Initial Disclosures, #7 Exhibit D-1 - Faherty Amended Report, #8 Exhibit E - Mejias Depo, #9 Exhibit F - Bradford Depo, #10 Exhibit G - Sales and Service Cat 1132-1133, #11 Exhibit H - Timmons Depo, #12 Exhibit I - Timmons Report, #13 Appendix 2 of Unreported Case Law, #14 Exhibit 1 - 360 Mortgage Grp v Homebridge Finan Servs, #15 Exhibit 2 - Friebel v Paradise Shores, #16 Exhibit 3 - Space Maker Designs v Weldon F Stump, #17 Exhibit 4 - SynQor v Artesyn Tech, #18 Text of Proposed Order)(Howell, Brad) |
| Filing 48 NOTICE of Discovery Disclosure by Caterpillar Inc. Seventh Supplemental Initial Disclosures (Howell, Brad) |
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Filing 47
ORDER denying #46 Motion for Reconsideration of the Court's Order Granting Plaintiff's Motion to Extend the Discovery Deadline and Entry of the Fourth Amended Scheduling Order. Signed by District Judge Marcia A. Crone on 4/8/19. (mrp, )
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| Filing 46 MOTION for Reconsideration re #45 Scheduling Order,, Terminate Motions, by Caterpillar Inc.. (Attachments: #1 Exhibit A - 3-22-19 email, #2 Exhibit B - 3-29-19 letter, #3 Exhibit C - 2-13-19 email, #4 Exhibit D - Cat corp rep depo notice, #5 Exhibit E - 3-29-19 email, #6 Exhibit F - 3-29-19 email, #7 Exhibit G - Plff amended disclosures, #8 Exhibit H - Faherty depo, #9 Exhibit I - Mejias depo, #10 Text of Proposed Order)(Howell, Brad) |
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Filing 45
FOURTH AMENDED SCHEDULING ORDER granting #42 Motion to Extend Discovery Deadline. Final Status Conference reset for 9/6/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Discovery due by 4/30/2019. Motions due by 5/13/2019. Signed by District Judge Marcia A. Crone on 4/3/19. (tkd, )
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| Filing 44 NOTICE of Discovery Disclosure by AIG Europe Ltd. (Martin, Dana) |
| Filing 43 NOTICE of Discovery Disclosure by Caterpillar Inc. Sixth Supplemental Initial Disclosures (Howell, Brad) |
| Filing 42 Opposed MOTION for Extension of Time to Complete Discovery Deadline by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) (Additional attachment(s) added on 4/1/2019: #2 Revised Proposed Order) (bjc, ). |
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Filing 41
THIRD AMENDED SCHEDULING ORDER: Status Conference is set for 8/2/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Discovery due by 3/29/2019. Motions due by 4/22/2019. Motion terminated: #40 Joint MOTION for Extension of Time to Complete Discovery. Signed by District Judge Marcia A. Crone on 1/31/19. (mrp, )
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| Filing 40 Joint MOTION for Extension of Time to Complete Discovery by Dragon Products, LLC. (Deiss, David) |
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Filing 39
ORDER granting #38 Motion to Substitute Attorney. Added attorney David A Oubre for Dragon Products, LLC. Attorney Jack Potter Carroll terminated. Signed by District Judge Marcia A. Crone on 1/29/19. (mrp, )
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| Filing 38 Unopposed MOTION to Substitute Attorney by Dragon Products, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Deiss, David) |
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Filing 37
SECOND AMENDED SCHEDULING ORDER granting #36 Motion to Extend Motion and Discovery Deadlines. Signed by District Judge Marcia A. Crone on 11/15/18. (tkd, )
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| Filing 36 Unopposed MOTION for Extension of Time to Complete Discovery by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order Scheduling Order)(Martin, Dana) |
| Filing 35 NOTICE by Dragon Products, LLC Discovery Requests to AIG (Carroll, Jack) |
| Filing 34 NOTICE of Discovery Disclosure by Caterpillar Inc. Fifth Supplemental Initial Disclosures (Howell, Brad) |
| Filing 33 NOTICE of Discovery Disclosure by Caterpillar Inc. Designation of Expert Witnesses (Howell, Brad) |
| Filing 32 NOTICE by Dragon Products, LLC Supplement Disclosures and Designations (Carroll, Jack) |
| Filing 31 NOTICE of Discovery Disclosure by Caterpillar Inc. Fourth Supplemental Initial Disclosures (Howell, Brad) |
| Filing 30 NOTICE by Dragon Products, LLC Objections, Responses and Answers to Plaintiff's First Set of Request for Production, Interrogatories and Request for Admissions (Carroll, Jack) |
| Deadlines reset pursuant to #37 Second Amended Scheduling Order: Status Conference reset for 6/7/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Discovery due by 1/30/2019. Motions due by 2/15/2019. (tkd, ) |
| Filing 29 NOTICE of Discovery Disclosure by Caterpillar Inc. Third Supplemental Initial Disclosures (Howell, Brad) |
| Filing 28 NOTICE of Attorney Appearance by Michele Yennie Smith on behalf of Caterpillar Inc. (Smith, Michele) |
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Filing 27
AMENDED SCHEDULING ORDER: Status Conference is set for 4/5/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Discovery due by 12/3/2018. Motions due by 12/17/2018. Motion terminated: #25 Opposed MOTION for Extension of Deadlines. Signed by District Judge Marcia A. Crone on 8/28/18. (mrp, )
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| Filing 26 RESPONSE in Opposition re #25 Opposed MOTION for Extension of Time to File Expert and extend the discovery and motion deadlines filed by Caterpillar Inc.. (Attachments: #1 Exhibit Plaintiff's Expert Designation, #2 Exhibit March 2018 sign in sheet, #3 Exhibit Plaintiff's interrogatory-RFP responses, #4 Exhibit Discovery conferrral letter, #5 Text of Proposed Order)(Howell, Brad) |
| Filing 25 Opposed MOTION for Extension of Time to File Expert and extend the discovery and motion deadlines by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order)(Martin, Dana) |
| Filing 24 NOTICE of Attorney Appearance - Pro Hac Vice by James A. Saville, Jr on behalf of AIG Europe Ltd.. Filing fee $ 100, receipt number 0540-6894870. (Saville, James) |
| Filing 23 NOTICE of Attorney Appearance by Dana Keith Martin on behalf of AIG Europe Ltd. (Martin, Dana) |
| NOTICE of Deficiency regarding the #22 Notice of Replacement of Attorney in Charge submitted by AIG Europe Ltd. Notice of Attorney Appearance is the correct event to add additional counsel. Counsel notified to refile as Notice of Attorney Appearance and to add Mr. Martin as counsel. (mrp, ) |
| Filing 22 NOTICE by AIG Europe Ltd. of Replacement of Attorney in Charge for Plaintiff (Martin, Dana) |
| Filing 21 NOTICE of Discovery Disclosure by Caterpillar Inc. Caterpillar's Notice of Service of Second Supplemental Initial Disclosures (Howell, Brad) |
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Filing 20
ORDER granting #19 Motion to Substitute Attorney. Attorney Matthew Ryan Raley and William Ray Whitman terminated and Brad K. Howell is designated as lead counsel for Caterpillar. Signed by District Judge Marcia A. Crone on 6/11/18. (mrp, )
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| Filing 19 Unopposed MOTION to Substitute Attorney Motion to Withdraw and Substitute Lead Counsel by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 18 STIPULATION Agreed Rule 29(b) Stipulation by Caterpillar Inc.. (Howell, Brad) |
| Filing 17 NOTICE of Discovery Disclosure by Caterpillar Inc. Caterpillar's Notice of Service of Supplemental Initial Disclosures (Howell, Brad) |
| Filing 16 Defendant Caterpillar Inc.'s First Amended Original ANSWER to #2 Complaint by Caterpillar Inc..(Howell, Brad) |
| Filing 15 NOTICE by AIG Europe Ltd. Discovery Disclosure (Oliveira, Daniela) |
| Filing 14 NOTICE of Discovery Disclosure by Dragon Products, LLC (Carroll, Jack) |
| Filing 13 NOTICE by Caterpillar Inc. Notice of Service of Initial Disclosures (Howell, Brad) |
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Filing 12
SCHEDULING ORDER: Status Conference is set for 3/1/2019 at 10:00 AM in Ctrm 3 (Beaumont) before District Judge Marcia A. Crone. Amended Pleadings due by 2/5/2018. Discovery due by 11/2/2018. Motions due by 11/16/2018. Signed by District Judge Marcia A. Crone on 10/31/17. (mrp, )
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Filing 11
Minute Entry for proceedings held before District Judge Marcia A. Crone: Scheduling Conference held on 10/31/2017. Counsel convened to inform the court of the facts and issues in this property damage action. The court and counsel agreed to a scheduling order which will govern all future proceedings.Signed at Beaumont, Texas, this 31st day of October, 2017, by Judge Marcia A. Crone. (mrp, )
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| Filing 10 STATUS REPORT by AIG Europe Ltd.. (Attachments: #1 Text of Proposed Order Scheduling Order)(Oliveira, Daniela) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (tkd, ) |
| Filing 9 ANSWER to #2 Complaint by Dragon Products, LLC.(Carroll, Jack) |
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Filing 8
ORDER granting #6 Motion to Continue Rule 26(f) Conference Deadlines. The court directs the parties to confer as required no later than 10/5/17. The status conference previously scheduled for 9/13/17 will be rescheduled to a later date. Signed by Judge Marcia A. Crone on 8/22/17. (mrp, )
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| NOTICE of CANCELATION of Status Conference scheduled for 9/13/2017 at 11:00 a.m. (psl, ) |
| Filing 7 NOTICE of Attorney Appearance by Daniela Oliveira on behalf of AIG Europe Ltd. (Oliveira, Daniela) |
| NOTICE of Hearing: Status Conference set for 10/31/2017 10:30 AM in Chambers (Beaumont) before Judge Marcia A. Crone. (psl, ) |
| Filing 6 Unopposed MOTION to Continue Rule 26(f) Conference Deadlines by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Howell, Brad) |
| Filing 4 SUMMONS Issued as to Dragon Products, LLC and emailed to counsel for service. (mrp, ) |
| NOTICE of Hearing: Status Conference set for 9/13/2017 11:00 AM in Chambers (Beaumont) before Judge Marcia A. Crone. (psl, ) |
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Filing 3
ORDER to Conduct Rule 26(f) Conference with a proposed scheduling order. Signed by Judge Marcia A. Crone on 7/25/17. (mrp, )
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| Filing 2 ***ORIGINALLY FILED IN STATE COURT IN CAUSE NUMBER B200364 AND IS INCLUDED IN THE NOTICE OF REMOVAL AS EXHIBIT C.*** ORIGINAL PETITION against All Defendants filed by AIG Europe Ltd..(bjc, ) |
| Case assigned to Judge Marcia A. Crone. (bjc, ) |
| DEMAND for Trial by Jury by AIG Europe Ltd.. (bjc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc from 60th Judicial District Court, case number B200364. (Filing fee $ 400 receipt number 0540-6394000), filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Index, #2 Exhibit B - List of Parties, #3 Exhibit C - Original Petition, #4 Exhibit D - Civil Cover Sheet, #5 Exhibit E - List of Parties for jury demand)(Howell, Brad) |
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