Segura v. Caterpillar Inc.
Plaintiff: Segura and Juan Segura
Defendant: Caterpillar Inc.
Not Yet Classified: Waste Management of Texas, Inc.
Case Number: 5:2016cv00468
Filed: May 23, 2016
Court: US District Court for the Western District of Texas
Office: San Antonio Office
Presiding Judge: Xavier Rodriguez
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2018 Opinion or Order Filing 49 ORDER GRANTING DISMISSAL re #48 Notice of Nonsuit filed by Caterpillar Inc. Signed by Judge Xavier Rodriguez. (rg)
April 12, 2018 Filing 48 NOTICE of Nonsuit by Caterpillar Inc. (Attachments: #1 Proposed Order Order of Dismissal)(Wertz, B.)
April 5, 2018 Opinion or Order Filing 47 ORDER to submit settlement documents by April 13, 2018. Signed by Judge Xavier Rodriguez. (lel)
February 9, 2018 Opinion or Order Filing 46 ORDER that the parties to submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents on or before March 9, 2018. The Court vacates all remaining deadlines and settings, including trial re #38 Scheduling Order, #25 Scheduling Order,, Motions terminated:. Signed by Judge Xavier Rodriguez. (wg)
February 9, 2018 Opinion or Order Text Order MOOTING #44 Motion in Limine entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
February 2, 2018 Filing 45 Agreed MOTION for Leave to File Extension of Joint Pre-Trial Order Deadline and Motion in Limine Deadline by Juan Segura. (Attachments: #1 Proposed Order)(Westlund, R.)
February 2, 2018 Filing 44 MOTION in Limine by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Wertz, B.)
February 2, 2018 Opinion or Order Text Order GRANTING #45 Joint Motion for Extension of Deadline to File Joint Pretrial Order entered by Judge Xavier Rodriguez. The deadline is extended to noon on February 12, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
January 9, 2018 Opinion or Order Filing 43 ORDER DENYING #34 Motion for Summary Judgment Signed by Judge Xavier Rodriguez. (wg)
December 15, 2017 Filing 42 Witness List by Caterpillar Inc.. (Wertz, B.)
December 15, 2017 Filing 41 Witness List by Juan Segura. (Westlund, R.)
December 1, 2017 Filing 40 REPLY to Response to Motion, filed by Caterpillar Inc., re #34 MOTION for Summary Judgment filed by Defendant Caterpillar Inc. (Wertz, B.)
November 30, 2017 Opinion or Order Text Order GRANTING #39 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The deadline to file a reply is extended to December 1, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
November 29, 2017 Filing 39 MOTION for Extension of Time to File Response/Reply as to #37 Response to Motion, by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Wertz, B.)
November 27, 2017 Opinion or Order Filing 38 SCHEDULING ORDER: Pretrial Conference reset for 2/13/2018 09:30 AM before Judge Xavier Rodriguez, Jury Selection and Jury Trial reset for 2/26/2018 9:30 AM before Judge Xavier Rodriguez. Signed by Judge Xavier Rodriguez. (aej)
November 17, 2017 Filing 37 RESPONSE to Motion, filed by Juan Segura, re #34 MOTION for Summary Judgment filed by Defendant Caterpillar Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Westlund, R.)
November 6, 2017 Opinion or Order Text Order GRANTING #36 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Plaintiffs deadline toobject and/or respond to Defendants Motion for Summary Judgment is November 17, 2017 (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
November 3, 2017 Filing 36 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Juan Segura. (Attachments: #1 Proposed Order)(Westlund, R.)
October 12, 2017 Opinion or Order Text Order GRANTING #35 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The deadline to respond to the motion for summary judgment is extended to November 9, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
October 11, 2017 Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Juan Segura. (Attachments: #1 Proposed Order)(Westlund, R.)
October 2, 2017 Filing 34 MOTION for Summary Judgment by Caterpillar Inc.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Proposed Order Order Granting)(Wertz, B.)
August 25, 2017 Filing 33 WITNESS/EXHIBIT/EXPERT LIST by Caterpillar Inc. Defendant's Expert Disclosures Designating Testifying Experts. (Wertz, B.)
August 14, 2017 Filing 32 DEFENDANT'S 1ST AMENDED ANSWER to #27 Amended Complaint by Caterpillar Inc.. (wg)
August 14, 2017 Filing 31 Unopposed MOTION for Leave to File Amended Answer by Caterpillar Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Order)(Wertz, B.)
August 14, 2017 Opinion or Order Text Order GRANTING #31 Unopposed Motion for Leave to File entered by Judge Xavier Rodriguez. The Clerk shall file the amended answer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
July 28, 2017 Filing 30 NOTICE of Compliance with DCO by Caterpillar Inc. (Wertz, B.)
July 24, 2017 Filing 29 NOTICE OF PLAINTIFF'S EXPERT DISCLOSURES DESIGNATING TESTIFYING EXPERTS by Juan Segura (Westlund, R.)
July 14, 2017 Filing 28 NOTICE Of Advisory to Court (Compliance with Scheduling Order) by Juan Segura (Westlund, R.)
July 12, 2017 Filing 27 1st AMENDED COMPLAINT against Caterpillar Inc. and Request for Disclosure, filed by Juan Segura.(wg)
July 12, 2017 Opinion or Order Text Order GRANTING #26 Unopposed Motion for Leave to File entered by Judge Xavier Rodriguez. The Clerk shall file the amended complaint.(This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
July 3, 2017 Filing 26 MOTION for Leave to File Plaintiff's First Amended Petition by Juan Segura. (Attachments: #1 Exhibit Plaintiff's First Amended Petition)(Westlund, R.)
June 12, 2017 Opinion or Order Filing 25 SCHEDULING ORDER: Pretrial Conference set for 1-10-2018 at 9:30 AM before Judge Xavier Rodriguez; Jury Trial set for 1-16-2018 at 9:30 AM before Judge Xavier Rodriguez; ADR Report Deadline due by 8-3-17; Discovery due by 11-17-17; Dispositive Motions due by 10-2-17. Signed by Judge Xavier Rodriguez. (jhw)
June 8, 2017 Filing 24 Scheduling Recommendations/Proposed Scheduling Order by Caterpillar Inc.. (Wertz, B.) Modified on 6/8/2017, to add filers (mgr).
June 8, 2017 Notice of Correction: ***NOTIFIED COUNSEL THAT THE ENTRY WAS EDITED TO ADD ALL PARTIES AS FILERS***re #24 Scheduling Recommendations/Proposed Scheduling Order. (mgr)
May 8, 2017 Opinion or Order Text Order GRANTING #23 Motion to Continue entered by Judge Xavier Rodriguez. The parties shall submit a proposed amended scheduling order with a trial date of January 16, 2018 and a dispositive motion deadline of October 2, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
May 4, 2017 Filing 23 Agreed MOTION to Continue by Caterpillar, Inc. #1 Exhibit A, #2 Proposed Order)(Wertz, B.) Modified on 5/4/2017 (wg).
May 4, 2017 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (rf)
April 12, 2017 Filing 22 Defendants Designation of Lead Counsel by Caterpillar Inc.. (Wertz, B.) Modified Text & Termed Motion on 4/12/2017 (wg).
April 12, 2017 Notice of Correction: Document filed as a Motion in Error, Mtn. Termed and Edited text to Read Designation of lead Counsel re #22 MOTION to Appoint Counsel . (wg)
January 17, 2017 Filing 21 NOTICE Designation of Experts by Caterpillar Inc. (Harrison, Clifford)
December 15, 2016 Filing 20 NOTICE of Expert Disclosures Designating Testifying Experts by Juan Segura (Westlund, R.)
December 5, 2016 Filing 19 ADR Report Filed - by Juan Segura(Westlund, R.)
November 16, 2016 Opinion or Order Filing 18 ORDER GRANTING #17 Motion to Designate Responsible 3rd Party. Signed by Judge Xavier Rodriguez. (wg)
October 25, 2016 Filing 17 MOTION to Designate by Caterpillar Inc.. (Attachments: #1 Proposed Order)(Harrison, Clifford)
September 28, 2016 Filing 16 MOTION to Withdraw and Substitution of Counsel by Caterpillar Inc.. (Whitman, W.)
September 28, 2016 Opinion or Order Text Order GRANTING #16 Motion to Withdraw and Substitute Counsel entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
September 7, 2016 Filing 15 ***NOTIFIED COUNSEL, NOTICE TO TAKE DEPOS, REQUEST FOR DISCOVERY, SUBPOENAS ARE NOT FILED WITH THIS COURT ***DEFICIENCY NOTICE: re #14 Notice (Other), (wg)
September 7, 2016 Filing 14 ***DOCUMENT DEFICIENT, NOTICE OF SUBPOENAS, DEPOS, INTERROGATORIES, ETC. ARE NOT FILED WITH THE COURT ***NOTICE of Subpoena for Production of Documents to Waste Management, Inc. by Caterpillar Inc. (Ulmer, Gregory) Modified on 9/7/2016 (wg).
August 2, 2016 Filing 13 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 8/2/2016 (Minute entry documents are not available electronically.). (Court Reporter Karl Myers.)(wg)
July 28, 2016 Filing 12 STATUS REPORT RULE 26 CHECKLIST by Juan Segura. (Westlund, R.)
July 28, 2016 Filing 11 ***NOTIFIED COUNSEL, TO FILE CERTIFICATE OF SERVICE AS ATTACHMENT ***DEFICIENCY NOTICE: re #10 Status Report (wg)
July 27, 2016 Filing 10 ***CERTIFICATE OF SERVICE MISSING, PLEASE FILE JUST THE CERTIFICATE OF SERVICE AS ATTACHMENT ***STATUS REPORT RULE 26 REPORT by Juan Segura. (Westlund, R.) Modified on 7/28/2016 (wg).
July 5, 2016 Opinion or Order Filing 9 ORDER Setting Status Conference and Hearing on all Pending Motions for 8/2/2016 at 10:00 AM before Judge Xavier Rodriguez. Signed by Judge Xavier Rodriguez. (jhw) Modified on 7/5/2016, to correct hearing date (rf).
July 5, 2016 Set Hearings: Status Conference set for 8/2/2016 10:00 AM before Judge Xavier Rodriguez, (rf)
July 5, 2016 Notice of Correction: ***NOTIFIED COUNSEL THAT THIS ENTRY HAS BEEN EDITED TO REFLECT THE HEARING DATE OF 8/2/16****re #9 Order. (rf)
June 27, 2016 Set Deadlines/Hearings: ADR Report Deadline due by 12/5/2016, Discovery due by 5/10/2017, Dispositive Motions due by 4/12/2017, Jury Selection set for 7/10/2017 09:30AM before Judge Xavier Rodriguez, Jury Trial set for 7/10/2017 09:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 6/28/2017 09:30 AM before Judge Xavier Rodriguez, (wg)
June 27, 2016 Opinion or Order Filing 8 SCHEDULING ORDER: Pretrial Conference set for 6-28-17 at 9:30 AM before Judge Xavier Rodriguez; Jury Selection and Trial set for 7-10-17 at 9:30 AM before Judge Xavier Rodriguez; ADR Report Deadline due by 12-5-16; Discovery due by 5-10-17; Dispositive Motions due by 4-12-17. Signed by Judge Xavier Rodriguez. (jhw)
June 24, 2016 Filing 7 Proposed Scheduling Order by Juan Segura. (Westlund, R.)
June 24, 2016 Filing 6 NON-CONSENT to Trial by US Magistrate Judge by Caterpillar Inc.. (Ulmer, Gregory)
May 25, 2016 Set Deadlines: Scheduling Recommendations/Proposed Scheduling Order due by 6/24/2016, (rf)
May 24, 2016 Opinion or Order Filing 5 ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit scheduling recommendations/proposed scheduling order to the Court. (Scheduling Recommendations/Proposed Scheduling Order due by 6-24-16). Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez. (jhw)
May 23, 2016 Filing 4 Letter directed to Joshua Hatley regarding admittance to the bar. (rf)
May 23, 2016 Filing 3 ORIGINAL ANSWER to Complaint by Caterpillar Inc..(Ulmer, Gregory)
May 23, 2016 Filing 2 SUPPLEMENT to #1 Notice of Removal, JS 44 by Caterpillar Inc.. (Ulmer, Gregory)
May 23, 2016 Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. (Filing fee $400 receipt number 0542-8503174), filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Plaintiff's Original Petition and discovery request documents, #2 Exhibit B - Clerk Emails, #3 Exhibit C - Officer's Return of Citation, #4 Exhibit D - State Court's Civil Docket Sheet, #5 Exhibit E - List of Counsel, #6 Exhibit F - Index of Exhibits, #7 Civil Cover Sheet)(Ulmer, Gregory)
May 23, 2016 If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy (rf)
May 23, 2016 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. (rf)

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Defendant: Caterpillar Inc.
Represented By: Gregory Clayton Ulmer
Represented By: James Eldon Phillips
Represented By: W. Ray Whitman
Represented By: Clifford L. Harrison
Represented By: B. Lee Wertz, Jr.
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Plaintiff: Segura
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Plaintiff: Juan Segura
Represented By: R. Scott Westlund
Represented By: Joshua S. Hatley
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Not yet classified: Waste Management of Texas, Inc.
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