Liberty Insurance Corporation v. Caterpillar Inc.
Plaintiff: Liberty Insurance Corporation
Defendant: Caterpillar Inc.
Case Number: 5:2013cv00083
Filed: February 6, 2013
Court: US District Court for the Western District of Texas
Office: San Antonio Office
Presiding Judge: Xavier Rodriguez
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 7, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2014 Opinion or Order Filing 31 ORDER re #30 Bill of Costs filed by Caterpillar Inc. Total award of costs $4,164.64. Signed by Judge Xavier Rodriguez. (rg)
July 14, 2014 Filing 30 BILL OF COSTS by Caterpillar Inc.. (Attachments: #1 Itemization and Documentation)(Ulmer, Gregory)
July 1, 2014 Filing 29 CLERK'S JUDGMENT (wg)
July 1, 2014 Opinion or Order Filing 28 ORDER DISMISSING CASE, GRANTING #25 MOTION to Exclude the Testimony of Plaintiff's Expert Christohper W. Ferrone filed by Caterpillar Inc., GRANTING #26 MOTION for Summary Judgment filed by Caterpillar Inc., The Clerk is directed to CLOSE this case and issue a judgment that Plaintiff takes nothing on it's claims, which are hereby DISMISSED ON THE MERITS. Defendant is awarded costs of the court and shall file a Bill of Costs in accordance with the local rules. Signed by Judge Xavier Rodriguez. (wg)
June 25, 2014 Filing 27 Response in Opposition to Motion, filed by Liberty Insurance Corporation, re #26 MOTION for Summary Judgment filed by Defendant Caterpillar Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order Proposed Order)(Sepulveda, Annette)
June 9, 2014 Filing 26 MOTION for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ulmer, Gregory)
June 9, 2014 Filing 25 MOTION to Exclude the Testimony of Plaintiff's Expert Christohper W. Ferrone by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Ulmer, Gregory)
March 18, 2014 Filing 24 DEFICIENCY NOTICE:to attorney Annette M. Sepulveda The document filed "Objections to a Subpoena"..... under Federal Rules of Civil Procedure states "... thefollowing discovery requests and responses are not to be filed unless ordered by the Court... re #23 Miscellaneous Objection (rg)
March 18, 2014 Filing 23 DOCUMENT DEFICIENT - See Deficiency Notice #24. Miscellaneous Objection to Defendant Caterpillar Inc.'s Subpoena Duces Tecum Directed to Christopher W. Ferrone by Liberty Insurance Corporation. (Sepulveda, Annette) Modified on 3/18/2014 (rg).
March 11, 2014 Motion No Longer Referred: #21 MOTION for Protective Order from Plaintiffs' Request for Production and Interrogatories. (rg)
March 11, 2014 Opinion or Order Filing 22 ORDER GRANTING #21 Motion for Protective Order. Signed by Judge Pamela A. Mathy. (rg)
March 4, 2014 MOTION REFERRED: referred #21 MOTION for Protective Order from Plaintiffs' Request for Production and Interrogatories. Referral Judge: Pamela A. Mathy. (rg)
March 3, 2014 Opinion or Order Text Order REFERRING #21 Motion for Protective Order entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ct)
March 3, 2014 Filing 21 MOTION for Protective Order from Plaintiffs' Request for Production and Interrogatories by Caterpillar Inc.. (Attachments: #1 Exhibit A - Plt's RFP to Def Caterpillar, Inc., #2 Exhibit B - Plt's ROGS to Def Caterpillar, Inc., #3 Exhibit C - Ltr to Plt's counsel, #4 Proposed Order)(Ulmer, Gregory)
January 30, 2014 Filing 20 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 1/30/2014. (Minute entry documents are not available electronically.). (rg)
January 28, 2014 Set Hearings: Telephone Conference Hearing set for 1/30/2014 9:30 AM before Judge Xavier Rodriguez. (rg)
January 28, 2014 Opinion or Order Filing 19 ORDER GRANTING #18 Motion for a telephonic status conference. Hearing is set for Thursday, January 30, 2014 @ 9:30 a.m. Signed by Judge Xavier Rodriguez. (rg)
January 27, 2014 Filing 18 MOTION Requesting Telephonic Status Conference by Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ulmer, Gregory)
December 13, 2013 Reset Scheduling Order Deadlines: Discovery due by 2/12/2014. (rg)
December 13, 2013 Filing 17 ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by Caterpillar Inc., Liberty Insurance Corporation(Ulmer, Gregory)
December 13, 2013 Opinion or Order Text Order GRANTING #16 Motion to Extend Scheduling Order Deadlines entered by Judge Xavier Rodriguez. The deadline to complete discovery is extended until February 12, 2014. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ct)
December 13, 2013 Filing 16 Agreed MOTION to Extend Scheduling Order Deadlines and Docket Control Order by Caterpillar Inc., Liberty Insurance Corporation. (Attachments: #1 Proposed Order)(Ulmer, Gregory)
December 11, 2013 Opinion or Order Text Order GRANTING #15 Motion to Quash entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. Defendant is ORDERED to confer with opposing counsel regarding a re-scheduling of these depositions. There is no document associated with this entry.) (ct)
December 11, 2013 Filing 15 MOTION to Quash Oral Depositions of Christopher Ferrone, Mike Arnold and Wayne Stephens by Liberty Insurance Corporation. (Attachments: #1 Exhibit Exhibit, #2 Proposed Order Proposed Order)(Sepulveda, Annette)
August 30, 2013 Reset Deadlines/Hearings: Pretrial Conference set for 9/4/2014 9:30 AM before Judge Xavier Rodriguez. (rg)
August 30, 2013 Opinion or Order Filing 14 ORDER GRANTING #13 Motion to Extend Scheduling Order Deadlines - ADR Report Deadline due by 12/13/2013, Amended Pleadings due by 5/15/2013, Discovery due by 12/13/2013, Joinder of Parties due by 5/15/2013, Dispositive Motions due by 6/11/2014; GRANTING #13 Motion to Continue - Bench Trial reset for 9/15/2014 9:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 9/4/2014 9:30 AM before Judge Xavier Rodriguez. Signed by Judge Xavier Rodriguez. (rg) Modified year on pretrial cnf ddl on 9/18/2013 (rg).
August 29, 2013 Filing 13 Agreed MOTION to Extend Scheduling Order Deadlines and, Agreed MOTION to Continue Trial Setting by Caterpillar Inc., Liberty Insurance Corporation. (Attachments: #1 Exhibit A)(Ulmer, Gregory)
August 29, 2013 Filing 12 NOTICE of Change of Address by Gregory Clayton Ulmer (Ulmer, Gregory)
June 20, 2013 Opinion or Order Filing 11 ORDER GRANTING #8 Motion to designate responsible third party. Signed by Judge Xavier Rodriguez. (rg)
June 14, 2013 Opinion or Order Filing 10 ORDER GRANTING #9 Motion to Substitute Attorney Annette M. Sepulveda. Signed by Judge Xavier Rodriguez. (rg)
June 13, 2013 Filing 9 MOTION to Substitute Attorney by Liberty Insurance Corporation. (Attachments: #1 Proposed Order Order)(Sepulveda, Annette)
May 30, 2013 Filing 8 Opposed MOTION TO DESIGNATE RESPONSIBLE THIRD PARTY by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Ulmer, Gregory)
March 13, 2013 Opinion or Order Filing 7 SCHEDULING ORDER: Bench Trial set for 6/9/2014 9:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 5/29/2014 9:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 9/11/2013, Amended Pleadings due by 5/15/2013, Discovery due by 9/11/2013, Dispositive Motions due by 3/4/2014. Signed by Judge Xavier Rodriguez. (rg)
March 11, 2013 Filing 6 Scheduling Recommendations/Proposed Scheduling Order and Docket Control Order by Caterpillar Inc.. (Ulmer, Gregory)
March 6, 2013 Filing 5 NON-CONSENT to Trial by US Magistrate Judge by Caterpillar Inc.. (Ulmer, Gregory)
February 8, 2013 Opinion or Order Filing 4 Order and Advisory - scheduling Order due by 3/8/2013. Signed by Judge Xavier Rodriguez. (rg)
February 7, 2013 Filing 3 Letter/Correspondence directed to Plaintiff's counsel, Mr. Gallagher, regarding admission to the bar of this court. (mjm)
February 7, 2013 Filing 2 SUPPLEMENT to #1 Notice of Removal, Supplement to JS 44 by Caterpillar Inc.. (Ulmer, Gregory)
February 6, 2013 If ordered by the court, all referrals will be assigned to Magistrate Judge Pamel A. Mathy (mjm)
February 6, 2013 Case Assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mjm)
February 6, 2013 Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. (Filing fee $350 receipt number 0542-5249132), filed by Caterpillar Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Index of Exhibits, #3 Exhibit B - Plaintiff's Original Petition, #4 Exhibit C - List of Counsel of Record, #5 Exhibit D - Caterpillar Inc.'s Motion to Transfer Venue, Subject Thereto, Original Answer, #6 Exhibit E - State Court Docket Sheet)(Ulmer, Gregory)

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Defendant: Caterpillar Inc.
Represented By: Gregory Clayton Ulmer
Represented By: W. Ray Whitman
Represented By: James Eldon Phillips
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Plaintiff: Liberty Insurance Corporation
Represented By: Annette M. Sepulveda
Represented By: Gregory Vincent Gallagher
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