Lucero et al v. Caterpillar Inc et al
| Eric Lucero and Whitnie Potts |
| GKN Armstrong Wheels, Inc., Caterpillar Inc., GKN North American Services, Inc., Wheels India, Ltd., Caterpillar Inc, GKN North American Services Inc, GKN Armstrong Wheels Inc and Wheels India Ltd |
| Federated Mutual Insurance Company |
| 2:2020cv00207 |
| September 9, 2020 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| Matthew J Kacsmaryk |
| Lee Ann Reno |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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Filing 83
ORDER Administratively Closing Case: The Court ADOPTS the Magistrate Judge's FCR and GRANTS Plaintiffs' request. The Court STAYS proceedings in this case until October 31, 2022. The Court DIRECTS the United States District Clerk to administratively close the case. The Court ORDERS Plaintiffs to file a notice within seven days of learning that Defendant Wheels India, Ltd. has been served. If Defendant Wheels India, Ltd. has not been served by October 31, 2022, Plaintiffs shall file a notice on or before November 1, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 7/14/2022) (awc)
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Filing 82
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: The undersigned recommends that the United States District Court stay and administratively close this action until October 31, 2022. The undersigned further recommends that the District Judge require Plaintiffs to file a notice within seven days of learning that Wheels India has been served or, if Wheels India has not been served by October 31, require Plaintiffs to file a notice no later than November 1, 2022, so advising. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/16/2022) (nht)
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Filing 81
REPLY filed by Caterpillar Inc re: #71 MOTION to Strike. (Howell, Brad) Modified linkage on 5/31/2022 (nhp).
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Filing 80
Plaintiffs Eric Lucero and Whitnie Potts First Amended Brief Regarding Request to Abate and/or Stay Proceedings Pending Service on Wheels India, Ltd. filed by Eric Lucero, Whitnie Potts re: #76 Order Setting Deadline/Hearing. (Attachments: #1 Exhibit(s) Exhibit A, #2 Cover Sheet Cover Sheet Exhibit B, #3 Declaration(s) Exhibit B - Declaration of Aaron Lukken) (Isern, Kevin) Modified title on 5/25/2022 (nhp).
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Filing 79
Brief/Memorandum in Support filed by Eric Lucero, Whitnie Potts re #76 Order Setting Deadline/Hearing,, Plaintiffs Eric Lucero and Whitnie Potts Brief Regarding Request to Abate and/or Stay Proceedings Pending Service on Wheels India, Ltd. (Attachments: #1 Exhibit(s) Exhibit A) (Isern, Kevin)
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Filing 78
RESPONSE filed by Caterpillar Inc re: #72 Brief/Memorandum in Support of Motion,, (Howell, Brad)
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Filing 77
RESPONSE filed by Eric Lucero, Whitnie Potts re: #71 MOTION to Strike (Lovell, John)
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Filing 76
ORDER: It is hereby ORDERED that the parties confer as to whether the Court should stay or abate this action pending service on Wheels India and, if so, the duration and conditions of such a stay or abatement. No later than May 20, 2022, Plaintiffs and Defendants shall file briefs detailing the action they wish the Court to take, and addressing the party's stance on what prejudice, if any, it will suffer by proceeding in Wheels India's absence. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 5/9/2022) (daa)
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Filing 75
ORDER denying #68 Plaintiffs' Opposed Motion for Entry of a Second Amended Scheduling Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 5/9/2022) (daa)
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Filing 73
Joint STIPULATION Regarding Subject Wheel Assembly by Caterpillar Inc. (Howell, Brad)
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Filing 74
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge D. Gordon Bryant, Jr: Status Conference held on 4/28/2022. Attorney Appearances: Plaintiff - Kevin Isern; Defense - Brad Howell & Thomas C. Riney; Intervenor Plaintiff - Timothy C. Williams. (Court Reporter: Digital File) (No exhibits) Time in Court - 0:20. Status conference conducted with counsel for all parties via teleconferencing regarding Plaintiffs Motion for Entry of a Second Amended Scheduling Order (ECF No. 68) and Defendants Response and Motion to Strike. ECF No. 71. Court required parties to execute a written stipulation regarding the identity of the wheel that allegedly caused Plaintiff Lucero's injuries. Parties have timely complied. (chmb)
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Filing 72
Brief/Memorandum in Support filed by Eric Lucero, Whitnie Potts re #69 Order Setting Deadline/Hearing,, Regarding Status of Service on Wheels India, Ltd., and Alternative Methods of Service (Attachments: #1 Exhibit(s) A - Summons in a Civil Matter, #2 Exhibit(s) B - Plaintiffs' Original Petition with RFD, #3 Exhibit(s) C - Notice of Removal, #4 Exhibit(s) D - Index of Exhibits, #5 Exhibit(s) E - Exhibits B, C1-11, #6 Exhibit(s) F - Certificate of Interested Persons, #7 Exhibit(s) G - Consent to Removal, #8 Exhibit(s) H - Civil Cover Sheet, #9 Exhibit(s) I - Supplemental Cover Sheet, #10 Exhibit(s) J - Request for Service Abroad, #11 Exhibit(s) K - DHL Confirmation) (Isern, Kevin)
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Filing 71
RESPONSE and MOTION filed by Caterpillar Inc re: #68 MOTION for Entry of a Second Amended Scheduling Order (Attachments: #1 Proposed Order Denying Plaintiff's Motion for Entry of Second Amended Scheduling Order, #2 Proposed Order Granting Caterpillar's Motion to Strike Plaintiff's Late Designation of Expert Witnesses) (Howell, Brad) Added motion event on 4/29/2022 (daa).
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Filing 70
ORDER: The Court hereby sets a telephonic status conference before United States Magistrate Judge D. Gordon Bryant Jr. on Thursday, April 28, 2022, at 2:00 p.m. CDT. The Court will email information regarding how to join the conference call to all counsel of record. re: #68 MOTION for Entry of a Second Amended Scheduling Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/21/2022) (awc)
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Filing 69
ORDER: No later than April 29, 2022, Plaintiffs are ORDERED to file a brief, with supporting evidence and authority, specifying: (1) the status of service on Wheels India under the Hague Convention, i.e., what steps have occurred since October 2020; and (2) whether Plaintiffs must now pursue alternative methods of service provided by the Hague Convention or Fed. R. Civ. P. 4 and, if so, what specific actions Plaintiffs intend to take to serve Wheels India. (See order for further specifics.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/21/2022) (awc)
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Filing 68
MOTION for Entry of a Second Amended Scheduling Order filed by Eric Lucero, Whitnie Potts (Attachments: #1 Exhibit(s) A - Brad Howell email dated 4-22-21, #2 Exhibit(s) B - Warren CAT invoice dated 5-25-21, #3 Exhibit(s) C - Warren CAT invoice PAID 5-28-21, #4 Exhibit(s) D - Plaintiffs' Rule 26(a)(2) Disclosures with Mike Huerta Report, #5 Exhibit(s) E - Proposed Second Amended Rule 16 Scheduling Order) (Isern, Kevin) Modified title on 4/21/2022 (daa).
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Filing 67
SIXTH ADVISORY to Court Regarding Status of Service of Process on Defendant Wheels India, Ltd. filed by Eric Lucero, Whitnie Potts (Isern, Kevin) Modified title on 4/14/2022 (daa).
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Filing 66
AFFIDAVIT of Service for Plaintiffs' Original Petition served on Central Authority of India per the Hague Convention on 10/26/2020. (Isern, Kevin)
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Filing 65
CERTIFICATE OF SERVICE by Eric Lucero, Whitnie Potts regarding service on Wheels India Ltd. (Isern, Kevin)
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Filing 64
ORDER: Plaintiffs are hereby ORDERED to file either (1) an executed summons demonstrating service upon Wheels India, or (2) an advisory demonstrating good cause for their failure to effect service, on or before April 13, 2022. Stated alternatively, Plaintiffs apparently take the position they have remedied the previous service deficiency identified by this Court in its February 8 order denying default judgment--if so, they should file the requisite proof. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/8/2022) (awc)
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Filing 63
Designation of Experts by Caterpillar Inc. (Attachments: #1 Exhibit(s) Exh 1 - Arst report) (Howell, Brad)
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Filing 62
NOTICE of Fifth Advisory to Court Regarding Status of Service of Process on Defendant Wheels India, Ltd. filed by Eric Lucero, Whitnie Potts (Attachments: #1 Exhibit(s) A - Plaintiffs' Original Petition and Request for Disclosures, #2 Exhibit(s) B - Secretary of State of Texas, #3 Exhibit(s) C - Citation issued to Wheels India, Ltd.) (Isern, Kevin)
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Filing 61
PLAINTIFFS' FIRST AMENDED COMPLAINT WITH JURY DEMAND against Caterpillar Inc, Wheels India Ltd filed by Eric Lucero, Whitnie Potts. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (awc)
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Filing 60
ORDER granting #57 Motion for Leave to File Plaintiffs' First Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/7/2022) (awc)
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Filing 59
ORDER: Plaintiffs are hereby ORDERED to file either (1) an executed summons demonstrating service upon Wheels India, or (2) an advisory demonstrating good cause for their failure to effect service, on or before March 14, 2022. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/7/2022) (awc)
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Filing 58
Pretrial Disclosures filed by Eric Lucero, Whitnie Potts. (Attachments: #1 Exhibit(s) A - Report of Mike Huerta, #2 Exhibit(s) B - Report of Jordan Mills, CPA) (Isern, Kevin)
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Filing 57
MOTION for Leave to File Plaintiffs' First Amended Complaint filed by Eric Lucero, Whitnie Potts (Attachments: #1 Exhibit(s) A - Plaintiffs' First Amended Complaint, #2 Proposed Order) (Isern, Kevin)
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Filing 56
Designation of Experts by Federated Mutual Insurance Company. (Williams, Timothy)
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Filing 55
ORDER Denying #36 Motion for Default Judgment. Because Plaintiffs have failed to show that they have served Defendant Wheels India, theCourt DENIES Plaintiffs' Motion WITHOUT PREJUDICE. The Court DIRECTS the United States District Clerk to set aside the Entry of Default. ECF No. 40; see also FED. R. CIV. P. 55(c). (Ordered by Judge Matthew J. Kacsmaryk on 2/8/2022) (awc)
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Filing 54
AMENDED ANSWER to Plaintiffs' Original Complaint filed by Caterpillar Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (awc)
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Filing 53
ORDER granting #52 Unopposed Motion for Leave to File Amended Answer. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/7/2022) (awc)
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Filing 52
Unopposed MOTION for Leave to File Amended Answer filed by Caterpillar Inc (Attachments: #1 Exhibit(s) A - Caterpillar Amended Answer) (Howell, Brad)
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Filing 51
AMENDED RULE 16 SCHEDULING ORDER: The Court will set a specific trial date by separate order; however, the parties should be ready for trial no later than November 7, 2022. Amended Pleadings due by 1/4/2022. Joinder of Parties due by 1/4/2022. Initial Designation of Experts due by 3/1/2022. Discovery due by 7/15/2022. Deadline for mediation is on or before 7/19/2022. Dispositive Motions due by 8/1/2022. Motions Not Otherwise Covered due by 8/1/2022. (SEE ORDER FOR FURTHER SPECIFICS.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/2/2021) (awc)
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Filing 50
JOINT Proposal for contents of scheduling and discovery order by Eric Lucero, Whitnie Potts, Caterpillar Inc, Federated Mutual Insurance Company. (Isern, Kevin) Modified title and added filers on 10/22/2021 (nhp).
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Filing 49
ORDER: The parties are ORDERED to submit a proposed modified Rule 16 Scheduling Order, no later than October 20, 2021, that addresses the responsive designation deadline as well as all remaining deadlines. To the extent the parties seek to modify deadlines that have already expired (other than Caterpillar's responsive designation deadline), they must explain why they were unable to comply with the prior dates. re: #43 Motion to Extend Time. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/13/2021) (awc)
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Filing 48
ORDER: The video status conference set for October 13, 2021, at 10:00 a.m. is hereby VACATED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/12/2021) (awc)
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Filing 47
Court Request for Recusal: Magistrate Judge Reno has notified the clerk that she must recuse. Therefore, via the direction of Judge Matthew J. Kacsmaryk, Magistrate Judge D. Gordon Bryant, Jr has been selected for matters that may have been referred. The Clerk has reassigned the case to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Future filings should indicate the case number as: 2:20-cv-207-Z-BQ. (djs)
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Filing 46
NOTICE of Attorney Appearance by Timothy C Williams on behalf of Federated Mutual Insurance Company. (Filer confirms contact info in ECF is current.) (Williams, Timothy)
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Filing 45
ORDER SETTING VIDEO CONFERENCE: Video Status Conference set for 10/13/2021 10:00 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 10/4/2021) (daa)
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Filing 44
THIRD ORDER FOR FEDERATED MUTUAL INSURANCE COMPANY TO COMPLY WITH ORDER TO OBTAIN LOCAL COUNSEL: Federated Mutual is ORDERED to properly comply with the Court's Order to Obtain Local Counsel (ECF 12) on or before October 6, 2021. Failure to do so will result in a recommendation by the undersigned to the District Judge for dismissal without prejudice of Federal Mutual's Original Complaint (ECF 32) without further notice. (Ordered by Magistrate Judge Lee Ann Reno on 10/4/2021) (daa)
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Filing 43
Unopposed MOTION to Abate Expert Designation Deadline, or, in the Alternative, MOTION to Modify Scheduling Order filed by Caterpillar Inc (Attachments: #1 Exhibit(s) Exh A - Rule 29 stipulation, #2 Proposed Order) (Howell, Brad) Modified title on 10/4/2021 (daa).
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Filing 42
SECOND ORDER FOR FEDERATED MUTUAL INSURANCE COMPANY TO COMPLY WITH ORDER TO OBTAIN LOCAL COUNSEL: Federated Mutual Insurance Company is ORDERED to properly comply with the Court's Order to Obtain Local Counsel (ECF 12) on or before September 28, 2021. (Ordered by Magistrate Judge Lee Ann Reno on 9/15/2021) (daa)
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Filing 41
NOTICE of Attorney Appearance by S Clinton Nix on behalf of Federated Mutual Insurance Company. (daa)
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Filing 40
Clerk's ENTRY OF DEFAULT as to Wheels India Ltd. (nhp)
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Filing 39
ORDER FOR FEDERATED MUTUAL INSURANCE COMPANY TO COMPLY WITH ORDER TO OBTAIN LOCAL COUNSEL: Because it does not appear that Mr. Wickert resides or maintains a principal office in this District, Federated Mutual Insurance Company is ORDERED to comply with the Court's Order to Obtain Local Counsel (ECF 12) on or before September 14, 2021. (Ordered by Magistrate Judge Lee Ann Reno on 8/31/2021) (awc)
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Filing 38
ANSWER to #32 Intervenor Complaint,, filed by Caterpillar Inc (Howell, Brad)
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Filing 37
Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Wheels India Ltd filed by Eric Lucero, Whitnie Potts (Attachments: #1 Declaration(s) of Kevin A. Isern) (Isern, Kevin)
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Filing 36
MOTION for Default Judgment against Wheels India Ltd filed by Eric Lucero, Whitnie Potts (Attachments: #1 Exhibit(s) A - Secretary of State of Texas record) (Isern, Kevin)
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Filing 35
Designation of Experts by Eric Lucero, Whitnie Potts. (Lovell, Joe)
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Filing 34
ORDER GRANTING FEDERATED MUTUAL INSURANCE COMPANY'S UNOPPOSED MOTION TO INTERVENE AS A PLAINTIFF re: #33 Motion to Intervene. (Ordered by Magistrate Judge Lee Ann Reno on 8/9/2021) (awc)
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Filing 33
MOTION to Intervene filed by Federated Mutual Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wickert, Lee)
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Filing 32
INTERVENOR COMPLAINT against All Defendants filed by Federated Mutual Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wickert, Lee)
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Filing 31
NOTICE of Fourth Advisory to Court Regarding Status of Service of Process on Defendant Wheels India, Ltd. filed by Eric Lucero, Whitnie Potts (Isern, Kevin)
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Filing 30
SIXTH ORDER REGARDING SERVICE ON WHEELS INDIA, LTD.: Plaintiffs are ORDERED to file either (1) an executed summons demonstrating that Wheels India, Ltd. has been served or (2) an Advisory demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. on or before July 7, 2021. If Plaintiffs fail to effect service on Wheels India, Ltd. or file an Advisory demonstrating good cause, the undersigned may recommend to the United States District Judge that the Court dismiss this action as to Defendant Wheels India, Ltd. without prejudice. (Ordered by Magistrate Judge Lee Ann Reno on 6/16/2021) (awc)
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Filing 29
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Status Conference held via VTC on 6/16/2021. Attorney Appearances: Plaintiff - Kevin A Isern; Defense - Brad Howell, Thomas C Riney. (Court Reporter: Digital File) (No exhibits) Time in Court - 0:26. (chmb)
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Filing 28
FIFTH ORDER REGARDING SERVICE ON WHEELS INDIA, LTD. AND ORDER SETTING HEARING: Plaintiffs are ORDERED to file either (1) an executed summons demonstrating that Wheels India, Ltd. has been served or (2) an Advisory demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. on or before June 15, 2021. Video Hearing set for 6/16/2021 11:00 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 5/11/2021) (daa)
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Filing 27
THIRD Advisory to Court regarding Status of Service filed by Eric Lucero, Whitnie Potts (Isern, Kevin) Modified title on 5/11/2021 (daa).
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Filing 26
FOURTH ORDER REGARDING SERVICE ON WHEELS INDIA, LTD: Plaintiffs are ORDERED to file either (1) an executed summons demonstrating that Wheels India, Ltd. has been served or (2) an Advisory demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. on or before May 10, 2021. (Ordered by Magistrate Judge Lee Ann Reno on 4/26/2021) (daa)
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Filing 25
NOTICE of Second Advisory to Court Regarding Status of Service on Defendant Wheels India, Ltd. filed by Eric Lucero, Whitnie Potts (Isern, Kevin)
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Filing 24
THIRD ORDER REGARDING SERVICE ON WHEELS INDIA, LTD.: Plaintiffs are ORDERED to file either (1) an executed summons demonstrating that Wheels India, Ltd. has been served or (2) an Advisory demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. on or before April 21, 2021. (Ordered by Magistrate Judge Lee Ann Reno on 1/13/2021) (awc)
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Filing 23
NOTICE of Advisory Status filed by Eric Lucero, Whitnie Potts (Attachments: #1 Exhibit(s) A - Affidavit of Foss Baker, #2 Exhibit(s) B - Email with Ancillary Legal) (Isern, Kevin)
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Filing 22
SECOND ORDER REGARDING SERVICE ON WHEELS INDIA, LTD.: Plaintiffs are ORDERED to file either (1) an executed summons demonstrating that Wheels India, Ltd. has been served, or (2) an Advisory demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. on or before January 11, 2021. (Ordered by Magistrate Judge Lee Ann Reno on 1/7/2021) (daa)
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Filing 21
ORDER REGARDING POTENTIAL DISCOVERY DISPUTES (Ordered by Magistrate Judge Lee Ann Reno on 11/10/2020) (nhp)
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Filing 20
SCHEDULING ORDER: The parties shall be ready for trial on or before 3/28/2022. This is not a trial setting. The parties must file Rule 26(a)(3) disclosures on or before 2/24/2022. Joinder of Parties due by 5/7/2021. Pretrial Materials (Expert Witnesses) for parties seeking affirmative relief due by 8/16/2021 and for parties opposing affirmative relief due by 10/1/2021. Deadline for mediation is on or before 10/29/2021. Summary Judgment/Dispositive Motions due by 11/19/2021. Motions Not Otherwise Covered 12/3/2021. Amended Pleadings due by 1/21/2022. Discovery due by 1/21/2022. (Ordered by Magistrate Judge Lee Ann Reno on 11/10/2020) (nhp)
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Filing 19
ORDER REGARDING SERVICE ON WHEELS INDIA, LTD.: Plaintiffs are hereby ORDERED to effect service on Wheels India, Ltd. on or before January 6, 2021 or, alternatively, Plaintiffs may file an Advisory on or before January 6, 2021 demonstrating good cause for their failure or inability to effect service on Wheels India, Ltd. (Ordered by Magistrate Judge Lee Ann Reno on 11/10/2020) (nhp)
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Filing 18
Proposal for contents of scheduling and discovery order Amended Joint Proposed Scheduling Order by Eric Lucero, Whitnie Potts, Caterpillar Inc. (Howell, Brad) Added filers on 11/10/2020 (daa).
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Filing 17
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Rule 16 Scheduling Conference held via video telelconference on 11/2/2020. The parties are to file either an amended joint proposed scheduling order or other advisory on or before November 9, 2020. Attorney Appearances: Plaintiff - Kevin A Isern; Defense - Brad Howell, Thomas C Riney. (Court Reporter: Digital File) (No exhibits) Time in Court - 0:55. (chmb)
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Filing 16
Proposal for contents of scheduling and discovery order Joint Proposed Scheduling Order by Eric Lucero, Whitnie Potts, Caterpillar Inc. (Howell, Brad) Added filers on 10/29/2020 (daa).
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Filing 15
ORDER TERMINATING DEFENDANTS GKN ARMSTRONG WHEELS, INC. AND GKN NORTH AMERICAN SERVICES, INC. Each party shall bear its own fees and costs relative to the claim against Defendants GKN Armstrong Wheels, Inc. and GKN North American Services, Inc. Party GKN Armstrong Wheels Inc and GKN North American Services Inc terminated. (Ordered by Judge Matthew J. Kacsmaryk on 10/23/2020) (awc)
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Filing 14
NOTICE of Dismissal Without Prejudice of Defendants GKN Armstrong Wheels, Inc., and GKN North American Services, Inc. Only filed by Eric Lucero (Isern, Kevin)
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Filing 13
AMENDED DOCUMENT by Caterpillar Inc. Amendment to #1 Notice of Removal,,,,,,,. Amended Notice of Removal. (Howell, Brad)
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Filing 12
ORDER TO OBTAIN LOCAL COUNSEL: Within twenty-one (21) days of this Order, each party who is required to obtain local counsel shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Magistrate Judge Lee Ann Reno on 10/1/2020) (awc)
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Filing 11
ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER AND SETTING VIDEO RULE 16 SCHEDULING CONFERENCE -- Joint Proposed Scheduling Order Due Date: October 28, 2020; Video Rule 16 Scheduling Conference: November 2, 2020 @ 11:15 a.m. (Ordered by Magistrate Judge Lee Ann Reno on 10/1/2020) (awc)
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Filing 10
ORDER TO PROPERLY ALLEGE CITIZENSHIP: No later than twenty-one (21) days from the date of this Order, Defendant Caterpillar Inc. must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. 1332; otherwise, this action may be remanded to state court. (Ordered by Magistrate Judge Lee Ann Reno on 10/1/2020) (awc)
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Filing 9
Summons Issued as to Wheels India Ltd. (awc)
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Filing 8
Request for Clerk to issue Summons in a Civil Action filed by Eric Lucero. (Isern, Kevin) (Main Document 8 replaced with flattened document on 9/28/2020) (awc).
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Filing 7
Request for Clerk to issue Summons in a Civil Action filed by Eric Lucero. (Isern, Kevin) (Main Document 7 replaced with flattened document on 9/28/2020) (awc).
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Filing 6
STANDING ORDER OF REFERENCE: This action is hereby REFERRED to U.S. Magistrate Judge Reno for pretrial management. (Ordered by Judge Matthew J. Kacsmaryk on 9/24/2020) (awc)
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Filing 5
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER re: #4 Motion to Extend Time. It is hereby ORDERED that Defendants GKN Armstrong Wheels, Inc. and GKN North American Services, Inc.'s deadline to respond to Plaintiff's Original Petition and Request for Disclosure is extended to October 16, 2020. (Ordered by Judge Matthew J. Kacsmaryk on 9/24/2020) (awc)
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Filing 4
Unopposed MOTION to Extend Time to File Answer filed by GKN Armstrong Wheels, Inc., GKN North American Services, Inc. (Manning, J)
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Filing 3
NOTICE of Attorney Appearance by J Paul Manning on behalf of GKN Armstrong Wheels, Inc., GKN North American Services, Inc.. (Filer confirms contact info in ECF is current.) (Manning, J)
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Filing 2
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by Caterpillar Inc.. (Filing fee $400; receipt number 0539-11155810) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Exh A - Index of Exhibits, #2 Exhibit(s) Exh B - State Court Docket Sheet, #3 Exhibit(s) Exh C-1 - Original Petition, #4 Exhibit(s) Exh C-2 - Letter to Clerk, #5 Exhibit(s) Exh C-3 - Citation Caterpillar unserved, #6 Exhibit(s) Exh C-4 - Citation GKN American unserved, #7 Exhibit(s) Exh C-5 - Citation GKN Armstrong unserved, #8 Exhibit(s) Exh C-6 - Citation Wheels India unserved, #9 Exhibit(s) Exh C-7 - Letter re Discovery Control Plan, #10 Exhibit(s) Exh C-8 - Citation Caterpillar executed, #11 Exhibit(s) Exh C-9 - Citation GKN Armstrong executed, #12 Exhibit(s) Exh C-10 - Citation Wheels India SOS executed, #13 Exhibit(s) Exh C-11 - Caterpillar answer, #14 Exhibit(s) Exh D - Caterpillar Certificate of Interest Persons, #15 Exhibit(s) Exh E - Consent to Removal GKN Defendants, #16 Cover Sheet, #17 Cover Sheet Supplement) (Howell, Brad)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Wed Sep 9 16:24:26 CDT 2020 (crt)
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