Shadd v. Lufkin Gears, LLC
| Johnnie Shadd |
| Lufkin Gears LLC and Lufkin Industries LLC |
| 9:2023cv00001 |
| January 4, 2023 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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| Filing 150 NOTICE of Attorney Appearance by Wesley Taylor Welmaker, I on behalf of Lufkin Gears LLC (Welmaker, Wesley) |
| Filing 149 REPORT of Rule 26(f) Planning Meeting. (DeVuono, Emily) |
| Filing 148 NOTICE of Attorney Appearance by Robert Mark Willingham on behalf of Lufkin Gears LLC (Willingham, Robert) |
Filing 147
ORDERED that Rule 26(f) Attorney Conference must occur by February 15, 2023. Rule 16 Case Management/Scheduling Conference set for 3/13/2023 10:30 AM in Room 221 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 1/27/2023. (bjc, )
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| Filing 146 NOTICE of Attorney Appearance - Pro Hac Vice by Jennifer A. Moore on behalf of Johnnie Shadd. Filing fee $ 100, receipt number ATXEDC-9321489. (Moore, Jennifer) |
| Filing 145 NOTICE of Attorney Appearance - Pro Hac Vice by Emily A. DeVuono on behalf of Johnnie Shadd. Filing fee $ 100, receipt number ATXEDC-9321480. (DeVuono, Emily) |
| 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. (ljw, ) |
| Filing 144 NOTICE of Attorney Appearance - Pro Hac Vice by Robin E. McGuffin on behalf of Lufkin Gears LLC. Filing fee $ 100, receipt number ATXEDC-9298727. (McGuffin, Robin) |
| Filing 143 NOTICE of Attorney Appearance - Pro Hac Vice by John L Tate on behalf of Lufkin Gears LLC. Filing fee $ 100, receipt number ATXEDC-9295216. (Tate, John) |
| Filing 142 Case transferred in from District of Kentucky Eastern; Case Number 2:19-cv-00095. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to District Judge Michael J. Truncale. (ljw, ) |
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Filing 141
ORDER: (1) Plaintiff's Motion to Reconsider, (Doc. #133 ), be, and ishereby, GRANTED. Plaintiff's claims against LufkinGears, LLC, are transferred to the Eastern District ofTexas, Lufkin Division. This order does not affectPlaintiff's ongoing claims in this Court against DaimlerTrucks North America, LLC. Signed by Judge William O. Bertelsman on 12/30/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #133 MOTION for Reconsideration by Johnnie Shadd. (SLG) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 140 REPLY to Response to Motion re #133 MOTION for Reconsideration by Johnnie Shadd filed by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 139
AGREED ORDER: that Plaintiff shall have up to and including December 23, 2022 to file her reply in support of her Motion to Reconsider Dismissal with Prejudice and Transfer Pursuant to 28 USCS 1631(DN #133 ). Signed by Judge William O. Bertelsman on 12/13/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #138 Proposed Agreed Order re Extension of Time for Plaintiff to File Reply in Support of Motion to Reconsider Dismissal with Prejudice and Transfer Pursuant to 28 USCS 1631 by Daimler Trucks North America, LLC, Johnnie Shadd (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 138 Proposed Agreed Order re Extension of Time for Plaintiff to File Reply in Support of Motion to Reconsider Dismissal with Prejudice and Transfer Pursuant to 28 USCS 1631 by Daimler Trucks North America, LLC, Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 137
AMENDED SCHEDULING ORDER: Upon consideration, the parties' proposal in the Joint Status Report is hereby approved and the Amended Scheduling Order for this case is as follows: (1) Rule 26(a)(2) Expert identity disclosures accompanied by (a)(2)(B) Report or (a)(2)(C) Summary disclosure Deadline for Plaintiff March 1, 2023; Deadline for Defendant April 17, 2023; Deadline for Rebuttal May 17, 2023. (2) Completion of Expert Discovery July 31, 2023. (3) Dispositive or Daubert Motions August 31, 2023. Signed by Magistrate Judge Candace J. Smith on 12/6/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 136 RESPONSE to Motion re #133 MOTION for Reconsideration by Johnnie Shadd filed by Lufkin Industries, LLC. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 135 JOINT STATUS REPORT by Daimler Trucks North America, LLC. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #135 Joint Status Report re #134 Order (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 134
ORDER: the remaining parties shall confer and within fourteen (14) days, the same being by December 2, 2022, file a joint status report proposing new deadlines, namely expert disclosure and dispositive motion deadlines.Signed by Magistrate Judge Candace J. Smith on 11/18/2022.(SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 133 MOTION for Reconsideration of Dismissal by Johnnie Shadd. (Attachments: #1 Proposed Order Proposed Order)(Moore, Jennifer) Modified text to take out referral language on 12/7/2022 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 132
MEMORANDUM OPINION & ORDER: IT IS ORDERED that: 1. Lufkin's Motion to Dismiss #61 be, and is hereby, GRANTED. Signed by Judge William O. Bertelsman on 11/3/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 131
ORDER: that Exhibits #10 , #13 , and #24 to Plaintiff's Response in Opposition #124 , which Exhibits are currently filed under seal (R. #125 ), shall be UNSEALED. The Clerk is directed to unseal Docket Entry #125 . Signed by Magistrate Judge Candace J. Smith on 10/5/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 130
ORDER: The Court, having considered the motion #129 and being otherwise sufficiently advised, hereby GRANTS LEAVE for Lufkin's Reply #128 in Support of its Motion to Dismiss #61 Due to Lack of Personal Jurisdiction to exceed the page limit set forth in LR 7.1(d). Signed by Judge William O. Bertelsman on 10/3/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 129 MOTION for Leave by Lufkin Industries, LLC to Exceed the Page Limit. (Attachments: #1 Proposed Order)(Tate, John) Modified text to take out referral language on 10/3/2022 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 128 REPLY to #61 in Support of Motion to Dismiss due to Lack of Personal Jurisdiction filed by Lufkin Industries, LLC. (Attachments: #1 Exhibit 1 Counsel Email Chain re Protective Order, #2 Exhibit 2 Maharrey Depo, #3 Exhibit 3 7-25-22 Counsel Email, #4 Exhibit 4 Lufkin Supp Ans to Jur Disc Resp, #5 Exhibit 5 Subject Trailer Cert of Origin, #6 Exhibit 6 Rana Carter Depo)(Tate, John) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 127
ORDER: that Lufkin shall have up to and including September 30, 2022 to file its reply in support of its Motion to Dismiss for Lack of Personal Jurisdiction (DN #61 ). Signed by Judge William O. Bertelsman on 9/21/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 126 Proposed Agreed Order Regarding Extension of Time for Lufkin to File Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction by Lufkin Industries, LLC. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #126 Proposed Agreed Order Regarding Extension of Time for Lufkin to File Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction by Lufkin Industries, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 125 Notice of Filing by Johnnie Shadd re; #124 Exhibits #10 Supplier Agreement (Attachments: #1 Exhibit #13 -Supplier Agreement, #2 Exhibit- #24 - Work Order Codes ) (Moore, Jennifer) Modified text to unseal Exhibits and describe attachments Per Order DE #131 on 10/5/2022 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 124 RESPONSE in Opposition re #61 MOTION to Dismiss for Lack of Jurisdiction by Lufkin Industries, LLC filed by Johnnie Shadd. (Attachments: #1 Exhibit 1 - Affidavit of Susan Koontz, #2 Exhibit 2 - Emails re Inspection, #3 Exhibit 3 - Ltr from John Tate 12-27-19, #4 Exhibit 4 - Correction to Lufkins Disclosures, #5 Exhibit 5 - Inspection of Stored Documents, #6 Exhibit 6 - 4-5-05 Order, #7 Exhibit 7 - 1-10-06 Order, #8 Exhibit 8 - 1-10-06 Order, #9 Exhibit 9 - 1-10-06 Order, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Lowes Annual Report 2007, #12 Exhibit 12 - Lufkin Annual Report 2005, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - Maharrey Deposition, #15 Exhibit 15 - Bill of Lading 1-17-06, #16 Exhibit 16 - Bill of Lading 3-20-06, #17 Exhibit 17 - Bill of Lading 3-20-06, #18 Exhibit 18 - Bill of Lading 8-2-06, #19 Exhibit 19 - Bill of Lading 8-4-06, #20 Exhibit 20 - Bill of Lading 8-4-06, #21 Exhibit 21 - Lufkin SOS Annual Report 2003, #22 Exhibit 22 - Emails re Mid-America Trucking Show, #23 Exhibit 23 - Carter Depo, #24 Exhibit 24 - Filed Under Seal)(Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Minute Entry Order 124. The deleted document was entered on 7/18/2022. Document deleted because entered in wrong case. *tjz* cc: COR (TJZ) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 123 CERTIFICATE OF SERVICE for Notice of Service by Lufkin Industries, LLC.(Tate, John) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 122
ORDER: 1) Fourth Joint Motion to Extend Discovery Deadline #120 is granted. 2) The deadline to complete discovery is extended to 6/20/2022. Signed by Magistrate Judge Candace J. Smith on 5/19/2022. (TJZ)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #120 JOINT MOTION for Extension of Time to Complete Discovery by Johnnie Shadd (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 121 NOTICE OF FILING by Johnnie Shadd re #120 JOINT MOTION for Extension of Time to Complete Discovery by Johnnie Shadd (Attachments: #1 Proposed Order)(Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #120 JOINT MOTION for Extension of Time to Complete Discovery by Johnnie Shadd (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF DEFICIENCY TO Jennifer Moore re #120 JOINT MOTION for Extension of Time to Complete Discovery; attorney failed to submit a proposed order as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare adocument entitled "Notice of Filing", file the Notice using the event "Notice ofFiling," attach the proposed order, and create a link to the related docket entry. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 120 JOINT MOTION for Extension of Time to Complete Discovery by Johnnie Shadd Motions referred to Candace J. Smith. (Moore, Jennifer) (Additional attachment(s) added on 5/9/2022: #1 Proposed Order) (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 119
ORDER: 1) Lufkin shall complete its review of the documents stored in Lufkin, Texas, and supplement its responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents Regarding Personal Jurisdiction by not later than May 20, 2022. 2) Jurisdictional discovery shall be completed with the taking of Lufkin's corporate representative's limited deposition on personal jurisdiction by not later than July 31, 2022. 3) Plaintiff shall file its response to Lufkin's Motion to Dismiss for Lack of Personal Jurisdiction (R. #61 ) by August 31, 2022. Lufkin to file its reply within 21 days following the filing of Plaintiff's response. Signed by Magistrate Judge Candace J. Smith on 4/28/2022.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #118 Joint Status Report re #117 Memorandum Order.. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 118 JOINT STATUS REPORT by Lufkin Industries, LLC. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 117
MEMORANDUM ORDER: 1) Plaintiffs Motion to Compel Discovery from Defendant Lufkin Industries, LLC #92 is hereby GRANTED. 2) Plaintiff and Defendant Lufkin, by and through counsel, shall confer and, by not later than April 15, 2022, shall file a Joint Status Report informing the Court of their agreed proposed deadlines for Lufkin to comply with this Order and for the jurisdictional discovery to be completed. If Plaintiff and Lufkin are unable to agree, they should each state their position in the Joint Status Report. 3) Rather than continue to extend deadlines generally (see R. #94 at 5), Lufkin's Motion to Dismiss #61 is hereby STAYED and further briefing thereon is HELD IN ABEYANCE, pending the filing of the Joint Status Report ordered above, following which a specific deadline for completing jurisdictional discovery and a specific briefing schedule will be set. Signed by Magistrate Judge Candace J. Smith on 3/31/2022.(ECO)cc: COR Modified text on 3/31/2022 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 116
ORDER: 1) the Third Joint Motion to Extend Discovery Deadline (R. #115 ) is hereby granted;2) the deadline to complete discovery (see R. #73 ), as extended to September 15, 2021 (see R. #94 ), and as further extended to December 30, 2021 (see R. #111 ), is hereby further extended to April 29, 2022; and3) the Second Joint Motion to Extend Discovery Deadline (R. #113 ) and associatedproposed Agreed Order (R. #114 ) are hereby denied as moot. Signed by Magistrate Judge Candace J. Smith on 3/21/2022. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Set/Reset Deadlines: Discovery due by 4/29/2022. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #115 THIRD MOTION Extend discovery deadline re #114 Proposed Agreed Order granting Second Joint Motion to Extend Discovery Deadline by Daimler Trucks North America, LLC by Daimler Trucks North America, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 115 THIRD MOTION Extend discovery deadline re #114 Proposed Agreed Order granting Second Joint Motion to Extend Discovery Deadline by Daimler Trucks North America, LLC by Daimler Trucks North America, LLC Motions referred to Candace J. Smith. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #114 Proposed Agreed Order granting Second Joint Motion to Extend Discovery Deadline by Daimler Trucks North America, LLC, #113 JOINT MOTION for Extension of Time to Complete Discovery by Daimler Trucks North America, LLC MOTION extend discovery deadline re #111 Order on Motion for Extension of Time, by Daimler Trucks North America, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 114 Proposed Agreed Order re #113 granting Second Joint Motion to Extend Discovery Deadline by Daimler Trucks North America, LLC. (Phillips, J.) Modified to create link to motion on 12/10/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 113 JOINT MOTION for Extension of Time to Complete Discovery by Daimler Trucks North America, LLC , MOTION extend discovery deadline re #111 Order on Motion for Extension of Time, by Daimler Trucks North America, LLC Motions referred to Candace J. Smith. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Party Daimler Trucks North America, LLC and Lowe's Home Centers, LLC terminated. (ECO) Modified on 7/18/2022 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 112 MINUTE ENTRY ORDER FOR MOTION HEARING held on 11/23/2021 before Judge William O. Bertelsman: IT IS ORDERED that Lowe's motion to dismiss the third- party complaint #104 be, and is hereby, GRANTED. (Court Reporter JOAN AVERDICK.) Signed by William O. Bertelsman. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
| Set/Reset Deadlines: Discovery due by 12/30/2021. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 111
ORDER: 1) the Joint Motion to Extend Discovery Deadline #108 is granted; and 2) the July 15 deadline to complete discovery #73 , which was extended to September 15, 2021 #94 , is further amended to December 30, 2021. Signed by Magistrate Judge Candace J. Smith on 11/23/2021. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 110
ORDER: That the oral argument scheduled for Tuesday, November 16, 2021 at 1:00 p.m. be, and hereby is cancelled and reset for TUESDAY, NOVEMBER 23, 2021 AT 1:00 P.M. Signed by Judge William O. Bertelsman on 11/4/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 109
ORDER: That oral argument on this #104 MOTION to Dismiss be, and is hereby, SET FOR TUESDAY, NOVEMBER 16, 2021 AT 1:00 P.M. Signed by Judge William O. Bertelsman on 11/2/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #108 MOTION for Extension of Time by Daimler Trucks North America, LLC to extend discovery deadline (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 108 MOTION for Extension of Time by Daimler Trucks North America, LLC to extend discovery deadline Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order on Joint Motion to Remand)(Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 107 NOTICE by Lowe's Home Centers, LLC of Service of Lowe's Home Centers' Answers and Responses to First Set of Interrogatories & Request for Production of Documents propounded by Daimler North America (Mays, Laura) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #104 MOTION to Dismiss by Lowe's Home Centers, LLC Third Party Complaint (TJZ) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 106 REPLY to #104 Lowe's Home Centers, LLC's Reply in Support of Its Rule 12 Motion to Dismiss Third-Party Complaint filed by Lowe's Home Centers, LLC. (Mays, Laura) Modified link on 8/25/2021 (TJZ). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 105 RESPONSE in Opposition re #104 MOTION to Dismiss by Lowe's Home Centers, LLC Third Party Complaint filed by Daimler Trucks North America, LLC. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 104 MOTION to Dismiss by Lowe's Home Centers, LLC Third Party Complaint (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Mays, Laura) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 103 Summons Issued as to Lowe's Home Centers, LLC; Summons issued and returned to counsel electronically (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 102 NOTICE OF FILING by Daimler Trucks North America, LLC re #95 Third Party Complaint, (Attachments: #1 Summons Summons - 3rd Party Complaint)(Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 101 TRANSCRIPT of Proceedings: Docket Call held on September 25, 2019 before Judge William O. Bertelsman. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Robin McGuffin, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/23/2021. [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #92 MOTION to Compel by Johnnie Shadd (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 100 REPLY to Response to Motion re #92 MOTION to Compel by Johnnie Shadd filed by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 99 TRANSCRIPT REQUEST by Lufkin Industries, LLC for proceedings held on 09/25/2019 before Judge Bertelsman.. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 98 TRANSCRIPT REQUEST by Johnnie Shadd for proceedings held on 09/25/2019 before Judge William Bertelsman.. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Clerk's Note: re #96 CD Request. Clerk advised counsel's office that the request for a CD cannot be done because there is no audio when a Court Reporter does a heairng. Counsel advised to file a Transcript Request. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 97 RESPONSE to Motion re #92 MOTION to Compel by Johnnie Shadd filed by Lufkin Industries, LLC. (Attachments: #1 Exhibit 1 - Notice of Intent to Serve Subpoena, #2 Exhibit 2 - Lufkin's Initial Disclosures, #3 Exhibit 3 - Lowe's Letter 8-12-20, #4 Exhibit 4 - Lowe's Letter 10-27-20, #5 Exhibit 5 - Supplement to Rule 26(a) Disclosures, #6 Exhibit 6 - 4-2-21 Email, #7 Exhibit 7 - 4-23-21 Letter, #8 Exhibit 8 - Email Chain, #9 Exhibit 9 - 1970 & 1980 Amendments to FRCP 34)(McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 96 CD REQUEST for a duplicate recording of the official proceeding taken by electronic sound (digital audio) recording by Johnnie Shadd for proceedings held on 09/25/2019 before Judge William Bertelsman. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 95 THIRD PARTY COMPLAINT against Lowe's Home Centers, LLC, filed by Daimler Trucks North America, LLC. (Attachments: #1 Exhibit OSHP Report, #2 Unredacted Exhibit Settlement docs, #3 Redacted Exhibit -Settlement docs, #4 Exhibit Kennedy transcript excerpts)(ECO) Filed per Order DE #94 . Modified on 6/14/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 94 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 6/10/2021 before Magistrate Judge Candace J. Smith: IT IS ORDERED as follows: 1) DTNA's Motion for Leave to File a Third-Party Complaint (R. #81 ) is herebyGRANTED. The Clerk of Court is directed to file in the record the Third-PartyComplaint (R. #81 -2) along with any exhibits thereto.2) DTNA's Motion to Extend Discovery Deadline for Third-Party Discovery of Lowe's(R. #82 ) and Plaintiffs Motion to Extend Fact Discovery Deadline (R. #85 ) are herebyGRANTED.3) The June 1, 2021, deadline to complete Fact Discovery as set forth in the Court'sScheduling Order (R. 73) is hereby EXTENDED to September 30, 2021. All otherdeadlines in the Scheduling Order (R. #73 ) are hereby SUSPENDED pending further order. 4) Defendant Lufkin shall file its Response to Plaintiff's Motion to Compel Discovery (R. #92 ) by June 14, 2021. Plaintiff shall file any Reply by June 18, 2021. Upon the filingof Plaintiffs Reply or the expiration of the time to do so, the Motion to Compel will besubmitted to the undersigned for consideration.5) Plaintiff's Motion for Extension of Time to Complete Discovery Regarding PersonalJurisdiction and Respond to Lufkin Industries, LLCs Motion to Dismiss for Lack ofPersonal Jurisdiction (R. #93 ) is hereby GRANTED. The deadline for the completion ofdiscovery as to the Court's personal jurisdiction over Lufkin and the deadline forPlaintiff to respond to Lufkin's Motion to Dismiss are hereby EXTENDED generally.The Court will set new deadlines for these two items, as appropriate, after it addressesthe merits of Plaintiff's Motion to Compel (R. #92 ). (Tape #KYED-COV 2-19-cv-95-WOB-CJS 20210610 105629.) Signed by Candace J. Smith. (ECO)cc: COR Modified file date and bold on 6/14/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re #93 MOTION for Extension of Time; Error: This motion requests 2 forms of relief and only oneform of relief was selected; Entry by attorney; Clerk added the motion reliefrequested. In the future, when filing a motion with multiple reliefs, select amotion relief for each relief requested, so all motions will appear on theJudge's motion report. No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 93 MOTION for Extension of Time to Complete Discovery Regarding Personal Jurisdiction and MOTION for Extension of time to Respond to Lufkin Industries, LLC's Motion to Dismiss #61 for Lack of Personal Jurisdiction by Johnnie Shadd Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Moore, Jennifer). Added MOTION for Extension of Time to File Response/Reply on 6/8/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 92 MOTION to Compel Discovery from Defendant Lufkin Industries, LLC by Johnnie Shadd Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Declaration of Moore, #2 Proposed Order)(Moore, Jennifer) Modified text to better describe document on 6/8/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 91 STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Plaintiff stipulates that Daimler North AmericaCorporation is dismissed without prejudice, with each party to bear its own costs and fees.Plaintiff's claims against Defendants, Daimler Trucks North America, LLC and LufkinIndustries, LLC, f/k/a Lufkin Industries, Inc., remain pending and active on the docket. Signed by Judge William O. Bertelsman on 6/7/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #89 Proposed Agreed Order Stipulation of Voluntary Dismissal without Prejudice of Daimler North America Corporation by Daimler Trucks North America, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 89 Proposed Agreed Order Stipulation of Voluntary Dismissal without Prejudice of Daimler North America Corporation by Daimler Trucks North America, LLC. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 88
ORDER: That a telephonic Status Conference is hereby scheduled for Thursday, June 10, 2021, at 10:30 a.m. EDT. To connect to the call (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 6/3/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #87 Interim Status Report (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 87 STATUS REPORT Interim by Daimler Trucks North America, LLC. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 86
ORDER: 1) Daimler Trucks North America, LLC's Motion to Replace Exhibit C to Doc. #81 (R. #84 ) is hereby GRANTED; and2) the Clerk of Court is DIRECTED to seal Exhibit 3 of Docket Entry #81 and to file the tendered redacted exhibit (R. #84 -1) as an exhibit to Daimler Trucks North America, LLC's Motion for Leave to File a Third-Party Complaint (R. #81 ). Signed by Magistrate Judge Candace J. Smith on 6/1/2021. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 90 MINUTE ENTRY ORDER FOR INFORMAL TELEPHONE CONFERENCE held on 5/28/2021 before Magistrate Judge Candace J. Smith regarding a perceived discovery impasse on document production by Defendant Lufkin Industries, Inc., and regarding Plaintiff's informal request for an extension of time to file its Response to Lufkins Motion to Dismiss for Lack of Jurisdiction #61 and for an extension of the parties' discovery deadline relating to that motion. Parties, by and through counsel, participated in the phone conference as noted above; the proceeding was not recorded. The Court noted that this case was not presently in the correct posture for a Step II Discovery Conference. Instead, the Plaintiff sought guidance on filing a motion for an extension of time for its Response to Defendant Lufkins pending Motion to Dismiss for Lack of Jurisdiction (R. 61) and for discovery relating to that motion. The Court advised Plaintiff that if an extension of time was sought, Plaintiff could either file a formal motion in the record or confer with Defendant Lufkins counsel about filing a proposed agreed order. The Court informed the parties it would await any such filing in the record.The Court further heard generally from counsel for Plaintiff and Defendant Lufkin regarding the discovery at issue, namely Plaintiffs Request for Production of Documents Nos. 2, 3, 4, 5, and 6. The Court observed that the parties positions on Plaintiffs discovery requests were clear and that voluntary discussions between the parties would be unlikely to be productive.Accordingly, the Court authorized the parties to file any discovery motions that might be necessary regarding those particular discovery requests.Counsel for the Daimler defendants participated in the call, but stated they had no matters to bring to the Courts attention. (Court Reporter NONE.) (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 85 MOTION for Extension of Time to Complete Discovery by Johnnie Shadd Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 84 MOTION to replace Ex. C re #81 MOTION for Leave by Daimler Trucks North America, LLC to file Third-Party Complaint by Daimler Trucks North America, LLC Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Settlement Docs - Redacted)(Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 83
AGREED ORDER: 1. Plaintiff shall have until June 15, 2021 to respond to Lufkin's Motion to Dismiss for Lack of Personal Jurisdiction 61]. Plaintiff shall have until June 15, 2021 to conduct discovery regarding personal jurisdiction. 2.Lufkin Industries, LLC's reply in support of its Motion to Dismiss for Lack of Personal Jurisdiction #61 shall be filed within 14 days of service of Plaintiff's response. Signed by Magistrate Judge Candace J. Smith on 5/28/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 82 MOTION to extend discovery deadline for 3-party discovery of Lowe's by Daimler Trucks North America, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order proposed order)(Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 81 MOTION for Leave by Daimler Trucks North America, LLC to file Third-Party Complaint Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Third-Party Complaint, #2 Exhibit OSHP report, #3 Unredacted Exhibit Settlement docs, #4 Exhibit Kennedy transcript excerpts, #5 Proposed Order proposed order)(Phillips, J.) Modified text to add unredacted Ex 3 per Order DE #86 on 6/1/2021 (ECO). (Additional attachment(s) added on 6/1/2021: #6 Redacted Exhibit 3 Settlement docs) (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 80 Proposed Agreed Order by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 79 NOTICE OF APPEARANCE by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Party General Electric Company terminated per Chambers re: Stipulation of Voluntary Dismissal without Prejudice #78 (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 78 STIPULATION of Dismissal of General Electric Company by General Electric Company. (Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #78 Stipulation of Dismissal of General Electric Company. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #77 Notice of Name Change (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 77 NOTICE by Lufkin Industries, LLC of Name Change (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 76
ORDER: Defendant Lufkin Industries, LLC's Motion to Stay #62 is hereby denied as moot. Signed by Magistrate Judge Candace J. Smith on 04/29/2021. (SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 75
AGREED ORDER REGARDING PENDING MOTION BY LUFKIN INDUSTRIES TO STAY DISCOVERY: Pursuant to DN 71, Lufkin Industries, LLC, and General Electric Companyhereby agree to remand the objection lodged at DN 62. No ruling is needed at this time. Without waiving its right to conduct merits discovery on Lufkin or ask for a ruling on DN 62 should circumstances change, GE agrees to hold in abeyance any merits discovery as to Lufkin. If GE later decides that merits discovery on Lufkin is necessary, and if Lufkin elects to resist GEs discovery, the parties will follow the process in DN 47 and, as necessary, bring the matter before the Court in a new motion. Signed by Magistrate Judge Candace J. Smith on 04/29/2021.(SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #74 Proposed Agreed Order Regarding Pending Motion by Lufkin to Stay Discovery by Lufkin Industries, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 74 Proposed Agreed Order Regarding Pending Motion by Lufkin to Stay Discovery by Lufkin Industries, LLC. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 73
SCHEDULING ORDER:1) Completion of Fact Discovery by June 1, 2021 2) Amended pleadings by consent or motion and/or motions to join parties by June 1, 2021 3) Status Report (Interim) by June 1, 2021 4) Experts: Rule 26(a)(2) identity disclosures accompanied by either (a)(2)(B) report or (a)(2)(C) summary disclosure Plaintiffs experts by July 2, 2021 Defendants experts by August 11, 2021 Rebuttal expert opinions by September 10, 2021 5) Completion of expert discovery by November 12, 2021 6) Status Report (close of expert discovery) by November 12, 2021 7) Dispositive and Daubert Motions by December 13, 2021 8) Deadline extensions must be requested prior to expiration of the applicable deadline. The parties are reminded of and referred to #47 with regard to the procedure for addressing discovery disputes.. Signed by Magistrate Judge Candace J. Smith on 4/19/2021.(KRB)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 72
AGREED SCHEDULING ORDER REGARDING DEFENDANT LUFKIN INDUSTRIES, LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION: 1. Plaintiff shall file her response to Lufkin's Motion to Dismiss for lack of Personal Jurisdiction (DN 61) on or before June 1, 2021. Plaintiff shall have until that date to conduct discovery related to whether this Court has personal jurisdiction over Lufkin. 2. Lufkin's reply in support of its Motion to Dismiss for Lack of Personal Jurisdiction (DN 61) shall be filed within 14 days of service of Plaintiff's response. 3. Plaintiff agrees to stay discovery aimed at the merits of her claim against Lufkin pending the Court's resolution of Lufkin's Motion to Dismiss for Lack of Personal Jurisdiction (DN 61). Signed by Magistrate Judge Candace J. Smith on 4/19/21.(KRB)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 71
MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 4/16/2021 before Magistrate Judge Candace J. Smith: 1. Defendant Lufkins Motion to Stay (R. 62) is hereby denied in part as moot as it pertains to Plaintiff. The Motion to Stay remains pending insofar as it seeks a stay of any merits discovery sought by Defendant General Electric Company. Defendants Lufkin and General Electric Company to confer within the next week and, if a resolution is agreed to, file a proposed Agreed Order as to the Motion to Stay by April 23, 2021. If no resolution is agreed to, then the parties shall instead file a Status Report by April 23, 2021, so informing the Court so that it can proceed with adjudicating the Motion to Stay #62 as to Lufkin and General Electric Company. 2. Defendant Lufkin and Plaintiffs proposed Agreed Scheduling Order Regarding Defendant, Lufkin Industries, LLCs Motion to Dismiss for Lack of Personal Jurisdiction #69 is granted. The Court will separately enter the Agreed Order filed by these parties. 3. A formal Scheduling Order for this matter to be separately filed contemporaneously herewith (Tape #KYED-COV__2-19-cv-95-WOB-CJS _20210416_103029.) Signed by Magistrate Judge Candace J. Smith. (KRB)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 70
ORDER: A telephonic Status Conference is hereby scheduled for Friday, April 16, 2021, at 10:30 a.m. EDT. Counsel should connect to the conference call five minutes before the conference is scheduled to begin. To connect to the call, dial 877-873-8017. Then, when prompted to enter the participant access code, enter 7604592 and #. ( STATUS CONFERENCE set for 4/16/2021 at 10:30 AM in COVINGTON before Magistrate Judge Candace J. Smith.) Signed by Magistrate Judge Candace J. Smith on 04/08/2021.(SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 69 Proposed Agreed Order by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 68
AGREED ORDER: 1. Plaintiff shall have additional time to respond to Lufkin's Motion to Dismiss for Lack of Personal Jurisdiction (DN #61 ) to allow Plaintiff time to conduct discovery related to whether this Court has personal jurisdiction over Lufkin. 2. On or before April 2, 2021, Plaintiff and Lufkin shall submit an agreed order setting forth a proposed briefing scheduling that will accommodate jurisdictional discovery that Plaintiff may wish to take prior to responding to Lufkin's Motion to Dismiss for Lack of Personal Jurisdiction (DN #61 ). Signed by Judge William O. Bertelsman on 3/29/2021.(ECO)cc: COR Modified on 3/29/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #62 MOTION to Stay by Lufkin Industries, LLC Stay Discovery (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 67 REPLY to #62 ISO Motion to Stay Discovery filed by Lufkin Industries, LLC. (Attachments: #1 Exhibit 1 - Notice of Intent to Serve Subpoenas, #2 Exhibit 2 - Lowe's Letter 8-12-20, #3 Exhibit 3 - Lowe's Letter 10-27-20)(McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 66 Proposed Agreed Order Regarding Defendant, Lufkin Industries, LLC's Motion to Dismiss for Lack of Personal Jurisdiction #61 by Johnnie Shadd. (Moore, Jennifer) Modified text on 3/29/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re #65 Response in Opposition to Motion: Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 65 RESPONSE in Opposition re #62 MOTION to Stay by Lufkin Industries, LLC Stay Discovery filed by Johnnie Shadd. (Attachments: #1 Exhibit 1-Declaration of Jennifer Moore, #2 Proposed Order)(Moore, Jennifer) Modified text to better described Exhibit on 3/22/2021 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 64 RESPONSE to Motion re #62 MOTION to Stay by Lufkin Industries, LLC Stay Discovery filed by General Electric Company. (Attachments: #1 Exhibit 1: Affidavit of M Iannone, #2 Exhibit 2: Affidavit of S Koontz, #3 Proposed Order)(Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 63
ORDER: That any party who intends to respond to Defendant Lufkin's Motion to Stay #62 shall file such response by March 19, 2021. Lufkin shall file any reply by March 26, 2021.Signed by Magistrate Judge Candace J. Smith on 3/15/2021.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 62 MOTION to Stay by Lufkin Industries, LLC Stay Discovery Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 61 MOTION to Dismiss for Lack of Jurisdiction by Lufkin Industries, LLC (Attachments: #1 Exhibit 1 - Lowes Subpoena & Response, #2 Exhibit 2 - Maharrey Declaration, #3 Exhibit 3 - Northstar Records, #4 Proposed Order)(McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #60 Status Report (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 60 JOINT STATUS REPORT by Daimler Trucks North America, LLC. (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 59 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 1/28/2021 before Magistrate Judge Candace J. Smith: IT IS ORDERED: that the parties, by and through counsel, shall confer about a more detailed schedule for discovery and pretrial proceedings in this case and present same to the Court by filing a Joint Status Report by Thursday, February 11, 2021. The Court will issue a further order upon receipt and consideration of the Joint Status Report. (Tape #KYED-COV 2-19-cv-95-20210128 112847.) Signed by Candace J. Smith. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 58
STIPULATED CONFIDENTIALITY ORDER re #56 By written agreement of the parties, or upon motion and Order of this Court, the terms of this Order may be modified. This Order shall continue in force until amended or superseded by express order of the Court, and shall survive and remain in effect after the termination of this proceeding. (SEE ORDER FOR DETAILS)Signed by Magistrate Judge Candace J. Smith on 11/18/2020.(SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| NOTICE OF DOCKET MODIFICATION TO Denise Ann Dickerson re #56 MOTION toAmend; Error: Exhibits were filed together with the motion instead of asseparate attachments. Entry by attorney; Clerk added the exhibits as separateattachments. In the future, file each exhibit separately from one another andseparate from the main document. No further action required by counsel. cc: COR (SLG) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #56 Proposed Agreed Order - Stipulated Confidentiality Order by Daimler Trucks North America, LLC. (SLG) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 57 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 11/17/2020 before Magistrate Judge Candace J. Smith. A telephonic Status Conference is hereby scheduled for Thursday, January 28, 2021 at 11:30 a.m. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-873-8017. Then, when prompted to enter the participant access code, enter 7604592#. (Tape #KYED-COV 2-19-CV-95_20201117_113304.) Signed by Candace J. Smith. (SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 56 Proposed Agreed Order - Stipulated Confidentiality Order by Daimler Trucks North America, LLC. (Dickerson, Denise) (Additional attachment(s) added on 11/18/2020: #1 Exhibit A - Acknowledgment and Agreement to Be Bound) (SLG). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 55 MINUTE ENTRY ORDER FOR TELEPHONIC MOTION HEARING held on 10/29/2020 before Magistrate Judge Candace J. Smith. Accordingly, IT IS ORDERED that the parties' Joint Motion for Stipulated Confidentiality Order #52 is hereby denied without prejudice. The parties may file a revised Joint Motion for Stipulated Confidentiality Order that incorporates changes in the areas discussed during todays conference. (Tape #KYED-COV_2-19-cv-95-WOB-CJS 20201029_100833.) Signed by Candace J. Smith. (SLG)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 54
ORDER: That a telephonic Motion Conference to address the parties' Joint Motion for Stipulated Confidentiality Order will be held on Thursday, October 29, 2020 at 10:30 a.m. EST. Counsel should connect to the conference call five minutes before the conference is scheduled to begin. To connect to the call (see Order for details). Signed by Magistrate Judge Candace J. Smith on 10/21/2020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 53
VIRTUAL ORDER: granting #51 Motion to Continue Telephonic Status Conference filed by the parties. The telephonic Status Conference currently scheduled for Tuesday, October 20, 2020 at 11:30 a.m. EST. is hereby CONTINUED to Tuesday, November 17, 2020 at 11:30 a.m. EST. Counsel should connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-873-8017. Then, when prompted to enter the participant access code, enter 7604592 followed by #. Signed by Magistrate Judge Candace J. Smith on 10/19/2020. (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 52 JOINT MOTION for Protective Order by Daimler Trucks North America, LLC Motions referred to Candace J. Smith. (Attachments: #1 Exhibit proposed Stipulated Confidentiality Order)(Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 51 JOINT MOTION to Continue by Johnnie Shadd Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #52 JOINT MOTION for Protective Order by Daimler Trucks North America, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Set/Reset Hearings: TELEPHONIC STATUS CONFERENCE set for 11/17/2020 at 11:30 AM before Magistrate Judge Candace J. Smith. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 50 NOTICE OF FILING by Daimler Trucks North America, LLC Initial Disclosures (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 49 NOTICE OF FILING by Daimler North America Corporation Initial Disclosures (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 48 INITIAL DISCLOSURES by General Electric Company. (Attachments: #1 Exhibit 1: Affidavit of Malvina Iannone, #2 Exhibit 2: Declarations Sheet for Policy Period Jan. 1, 2018 to Jan. 1, 2019)(Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 47
ORDER: That the following procedure be used to address discovery disputes:1. Parties shall first meet and/or confer in good faith and attempt to resolve discovery disputes between themselves, without judicial intervention;2. If the parties are unable to resolve a dispute after conferring directly, they shall attempt to resolve their disagreement by calling the undersigned's chambers to schedule an informal telephone conference; and,3. If, and only if, the parties are unable to resolve their discovery impasse after informal telephone conference, they may file appropriate written motions with the Court. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable. Signed by Magistrate Judge Candace J. Smith on 7/7/2020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 46 MINUTE ENTRY ORDER FOR telephonic SCHEDULING CONFERENCE held on 7/7/2020 before Magistrate Judge Candace J. Smith: Parties present as noted. IT IS ORDERED that 1) The parties shall exchange Rule 26(a)(1) Initial Disclosures by July 31, 2020; and 2) a telephonic Status Conference is hereby set for Tuesday, October 20, 2020 at 11:30 a.m. EST. Counsel should connect to the conference five minutes before the call is scheduled to begin. To connect to the call (See Order for Details). (Tape #KYED-COV 2-19-CV-95-WOB-CJS 20200707 093131.) Signed by Candace J. Smith. (ECO) cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 45
ORDER: That a Telephonic Scheduling Conference, with counsel only, shall be held on Tuesday, July 7, 2020, at 11:30 a.m. Counsel should connect to the conference five minutes before the call is scheduled to begin. To connect to the call (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 6/232020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 44
MEMORANDUM OPINION & ORDER: (1) The motions for summary judgment by defendants Daimler, Trucks North America, LLC #30 and Daimler North America Corp. #31 , as well as plaintiff's motion to strike a reply brief #37 ), be and are hereby, DENIED; (2) The parties shall have until March 15, 2021 to complete discovery in this matter; and (3) Motions for summary judgment shall be filed thirty (30) days following the close of discovery. Signed by Judge William O. Bertelsman on 6/17/2020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 43
ORDER: That the Notice of Substitution of Counsel #41 is construed as an Entry of Appearance by Attorney Dickerson and is also construed as Attorney Schroeck's Motion to Withdraw, which is granted. Following service of this Order upon all counsel of record, the Clerk may term Attorney Schroeck from the case docket sheet as counsel for Daimler North America Corporation and remove him from the case electronic service list. Signed by Magistrate Judge Candace J. Smith on 3/26/2020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 42
ORDER: That the Notice of Substitution of Counsel #40 is construed as an Entry of Appearance by Attorney Dickerson and is also construed as Attorney Schroeck's Motion to Withdraw, which is granted. Following service of this Order upon all counsel of record, the Clerk may term Attorney Schroeck from the case docket sheet as counsel for Daimler Trucks North America, LLC and remove him from the case electronic service list. Signed by Magistrate Judge Candace J. Smith on 3/26/2020.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #40 Notice of Substitution, #41 Notice of Substitution (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 41 NOTICE by Daimler North America Corporation of Substitution (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 40 NOTICE by Daimler Trucks North America, LLC of Substitution (Phillips, J.) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #37 MOTION to Strike #36 REPLY by Johnnie Shadd (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 39 REPLY to #37 Motion to Strike filed by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 38 RESPONSE in Opposition re #37 MOTION to Strike #36 REPLY by Johnnie Shadd filed by Daimler Trucks North America, LLC. (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 37 MOTION to Strike #36 REPLY by Johnnie Shadd . (Attachments: #1 Proposed Order)(Moore, Jennifer) Modified text to take out referral language on 12/30/2019 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #31 MOTION for Summary Judgment by Daimler North America Corporation (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 36 REPLY to #31 in Support filed by Daimler Trucks North America, LLC. (Attachments: #1 Exhibit Declaration of Tyler McFarland)(Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 35 RESPONSE in Opposition re #31 MOTION for Summary Judgment by Daimler North America Corporation filed by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 34 RESPONSE in Opposition re #30 MOTION for Summary Judgment by Daimler Trucks North America, LLC filed by Johnnie Shadd. (Moore, Jennifer) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 33 NOTICE OF FILING by Daimler Trucks North America, LLC re #30 MOTION for Summary Judgment by Daimler Trucks North America, LLC (Attachments: #1 Exhibit Redacted Invoice (exhibit to 30-3))(Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF DOCKET MODIFICATION TO Christophere Schroeck re #30 MOTION for Summary Judgment; Error: attachment was insufficiently described as Exhibit Affidavit. Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 32 NOTICE OF FILING by Daimler Trucks North America, LLC re #30 MOTION for Summary Judgment by Daimler Trucks North America, LLC Proposed Order (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 31 MOTION for Summary Judgment by Daimler North America Corporation (Attachments: #1 Proposed Order)(Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 30 MOTION for Summary Judgment by Daimler Trucks North America, LLC (Attachments: #1 Memorandum in Support Memo in Support, #2 Statement of Material Facts, #3 Exhibit Affidavit of Christopher Rieflin)(Schroeck, Christopher) Modified text to correctly describe exhibit on 10/28/2019 (ECO). (Additional attachment(s) added on 10/28/2019: #4 Proposed Order) (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Party Baker Hughes Oilfield Operations, LLC and GE Oil & Gas, Inc. terminated per Chambers re: #29 Stipulation of Voluntary Dismissal without Prejudice. (ECO) Modified text on 10/17/2019 (TJZ). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 29 STIPULATION of Dismissal Without Prejudice of GE Oil & Gas, LLC and Baker Hughes Oilfield Operations LLC by Johnnie Shadd. (DeVuono, Emily) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 28 MINUTE ENTRY ORDER FOR DOCKET CALL held on 9/25/2019 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that the parties shall file appropriate motions regarding applicable law within thirty (30) days from entry of this Order. The parties shall file any responses within thirty (30) days, and any replies shall be filed ten 10 days thereafter. The Court will establish a discovery schedule following the ruling on said motions. Although documents must now be filed electronically with the Court Clerk, a PAPER court courtesy copy shall be provided to CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (Court Reporter LISA WIESMAN.) (ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #27 Report of Rule 26(f) Planning Meeting (TJZ) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 27 REPORT of Rule 26(f) Planning Meeting. (DeVuono, Emily) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 26
VIRTUAL ORDER: granting #21 Motion for J. Britt Phillips to Appear Pro Hac Vice on behalf of Defendants Daimler North America Corporation and Daimler Trucks North America, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/9/2019. (ECO)cc: COR w/copy of Order and ECF Registration Form mailed to Attorney J. Britt Phillips [Transferred from Kentucky Eastern on 1/4/2023.]
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #25 Notice of Filing Supplement, #21 MOTION for J. Britt Phillips to Appear Pro Hac Vice by Daimler North America Corporation, Daimler Trucks North America, LLC ( Filing fee $125; receipt number 0643-4446809), #24 Order. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 25 NOTICE of Filing Supplement by Daimler North America Corporation, Daimler Trucks North America, LLC re #24 Order as to #21 Motion for J. Britt to Appear Pro Hac Vice. (Schroeck, Christopher) Modified text on 8/27/2019 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 24
ORDER: That the Motion for Special Admission Pro Hac Vice of J. Britt Phillips #21 is hereby taken under advisement, pending counsel filing by not later than August 30, 2019, a supplement providing the necessary additional information. Signed by Magistrate Judge Candace J. Smith on 8/23/2019.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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Filing 23
ORDER: That said DOCKET CALL be, and hereby is, set for WEDNESDAY,SEPTEMBER 25, 2019 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 8/23/2019. Signed by Judge William O. Bertelsman on 8/23/2019.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| BAR STATUS Check completed as to J. Britt Phillips re #21 MOTION for J. Britt Phillips to Appear Pro Hac Vice by Daimler North America Corporation, Daimler Trucks North America, LLC ( Filing fee $125; receipt number 0643-4446809). (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #21 MOTION for J. Britt Phillips to Appear Pro Hac Vice by Daimler North America Corporation, Daimler Trucks North America, LLC ( Filing fee $125; receipt number 0643-4446809) (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 22 Proposed Agreed Order/Stipulation Pro Hac Motion by Daimler North America Corporation, Daimler Trucks North America, LLC. (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 21 MOTION for J. Britt Phillips to Appear Pro Hac Vice by Daimler North America Corporation, Daimler Trucks North America, LLC ( Filing fee $125; receipt number 0643-4446809)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing)(Schroeck, Christopher) (Additional attachment(s) added per QC DE #22 on 8/23/2019: #2 Proposed Order) (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 20 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gregory Gowen. #19 Answer to Complaint has been filed by General Electric Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 19 ANSWER to Complaint by General Electric Company.(Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 18 ANSWER to Complaint by Baker Hughes Oilfield Operations, LLC, GE Oil & Gas, Inc., Lufkin Industries, LLC.(McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Clerk's Note: re #20 Notice of Deficiency re: Rule 7.1 Disclosures, Clerk entered notice in error. No action required by counsel. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Daimler Trucks North America, LLC identifying Corporate Parent Daimler Trucks North America, LLC for Daimler Trucks North America, LLC.. (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 16 ANSWER to Complaint with Jury Demand by Daimler Trucks North America, LLC.(Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 15 FRCP 7.1 DISCLOSURE STATEMENT by Baker Hughes Oilfield Operations, LLC, GE Oil & Gas, Inc., Lufkin Industries, LLC identifying Corporate Parent Baker Hughes, a GE Company, LLC, Corporate Parent GE Oil & Gas US Holdings I, Inc., Corporate Parent GE Oil & Gas US Holdings I, Inc., Corporate Parent EHHC NewCo LLC, Corporate Parent Baker Hughes, a GE company, Corporate Parent GE Oil & Gas US Holdings, IV Inc., Corporate Parent CFC Holdings LLC, Corporate Parent GE Holdings (US), Inc., Corporate Parent General Electric Company for Baker Hughes Oilfield Operations, LLC, GE Oil & Gas, Inc., Lufkin Industries, LLC.. (McGuffin, Robin) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 14 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by General Electric Company. (Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 13 NOTICE OF APPEARANCE by General Electric Company. (Gowen, Gregory) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #12 Amended Document re #7 Order (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 12 AMENDED DOCUMENT by Daimler North America Corporation, Daimler Trucks North America, LLC. Amendment to #1 Notice of Removal . (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 11 NOTICE of Change of Address by Christopher J. Schroeck (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 10
ORDER: That defendants Lufkin Industries, LLC, GE Oil & Gas, Inc., BakerHughes Oilfield Operations, LLC, and General Electric Company shall have up to and including August 22, 2019 to file responsive pleadings to the plaintiff's Complaint (DN #1 -1). Signed by Magistrate Judge Candace J. Smith on 9/26/2019.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 9 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Robin McGuffin. #8 Proposed Agreed Order/Stipulation has been filed by Lufkin Industries, LLC, GE Oil & Gas, Inc., Baker Hughes Oilfield Operations, LLC, and General Electric Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Clerk's Note: re #10 Order. Attorney McGuffin's office called and advised Clerk that they do not represent General Electric Company. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #8 Proposed Agreed Order/Stipulation by Baker Hughes Oilfield Operations, LLC, GE Oil & Gas, Inc., Lufkin Industries, LLC (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 8 Proposed Agreed Order/Stipulation to file responsive pleadings by Baker Hughes Oilfield Operations, LLC, GE Oil & Gas, Inc., Lufkin Industries, LLC. (McGuffin, Robin) Modified text on 7/26/2019 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 7
ORDER: That defendants file an Amended Notice of Removal correcting these deficiencies within five (5) business days from entry of this Order. Signed by Judge William O. Bertelsman on 7/24/2019.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Filing 6 AMENDED DOCUMENT by Daimler North America Corporation. Amendment to #3 Answer to Complaint, #1 Notice of Removal, #4 Disclosure Statement pursuant to FRCP 7.1 Amended Certificate of Service. (Schroeck, Christopher) [Transferred from Kentucky Eastern on 1/4/2023.] |
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Filing 5
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR [Transferred from Kentucky Eastern on 1/4/2023.]
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| Conflict Check run. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF MANDATORY ECF DIRECTED TO Emily A. DeVuono: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #5 Standing Referral Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Emily A. DeVuono by US Mail with ECF Registration Form (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| NOTICE OF MANDATORY ECF DIRECTED TO Walter Hawkins: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #5 Standing Referral Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Walter Hawkins by US Mail with ECF Registration Form (ECO) Modified on 7/23/2019 (ECO). [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Daimler North America Corporation. (ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 3 ANSWER to Complaint with Jury Demand by Daimler North America Corporation.(ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
| Filing 1 NOTICE OF REMOVAL from Mason Circuit Court, case number 19-CI-00158. ( Filing fee $400; receipt number 0643-4417660), filed by Daimler North America Corporation. (Attachments: #1 State Court Record, #2 Civil Cover Sheet)(ECO) [Transferred from Kentucky Eastern on 1/4/2023.] |
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