Scott's Trucking LLC v. Navistar Inc
Plaintiff: Scott's Trucking LLC
Defendant: Navistar Inc
Case Number: 2:2020cv01841
Filed: December 21, 2020
Court: US District Court for the Western District of Washington
Presiding Judge: Ricardo S Martinez
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2021 Opinion or Order Filing 59 NOTICE that the following is RE-NOTED: #50 MOTION to Dismiss . Filed by Defendant Navistar Inc. Noting Date 3/12/2021, (Baumgardner, Kevin)
February 5, 2021 Opinion or Order Filing 58 AMENDED NOTICE of Appearance re: #51 Notice of Appearance by attorney Patrick H LePley on behalf of Plaintiff Scott's Trucking LLC. (LePley, Patrick) Modified on 2/8/2021 to reflect this is an amended appearance and add link to original appearance (PM).
February 4, 2021 Opinion or Order Filing 57 ORDER re #54 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Warren M Armstrong for Plaintiff Scott's Trucking LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
February 4, 2021 Opinion or Order Filing 56 ORDER re #53 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lawrence Ray Lassiter for Plaintiff Scott's Trucking LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
February 4, 2021 Opinion or Order Filing 55 ORDER re #52 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Clay Miller for Plaintiff Scott's Trucking LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
February 4, 2021 Opinion or Order Filing 54 APPLICATION OF ATTORNEY Warren M. Armstrong FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Scott's Trucking LLC (Fee Paid) Receipt No. AWAWDC-6921721 (LePley, Patrick)
February 4, 2021 Opinion or Order Filing 53 APPLICATION OF ATTORNEY Lawrence R. Lassiter FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Scott's Trucking LLC (Fee Paid) Receipt No. AWAWDC-6921713 (LePley, Patrick)
February 4, 2021 Opinion or Order Filing 52 APPLICATION OF ATTORNEY Clay Miller FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Scott's Trucking LLC (Fee Paid) Receipt No. AWAWDC-6921691 (LePley, Patrick)
February 4, 2021 Opinion or Order Filing 51 NOTICE of Appearance by attorney Patrick H LePley on behalf of Plaintiff Scott's Trucking LLC. (LePley, Patrick)
January 27, 2021 Opinion or Order Filing 50 MOTION to Dismiss , filed by Defendant Navistar Inc. (Attachments: #1 Proposed Order) Noting Date 2/19/2021, (Baumgardner, Kevin)
January 13, 2021 Opinion or Order Filing 49 ORDER granting the parties' #48 Stipulated Motion. The Court ORDERS that Defendant Navistar is hereby granted leave to file a renewed Rule 12(b)motion to dismiss. Motion due within fourteen (14) days of the date of this Order. The initial case deadlines set forth in the #40 Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement are hereby stayed pending the Court's ruling on Navistar's renewed motion to dismiss. Signed by Judge Ricardo S. Martinez. (PM) cc: Attorneys Warren M. Armstrong and Clay Miller via ECF ad hoc (counsel have not yet appeared; pro hac vice applications pending)
January 12, 2021 Opinion or Order Filing 48 Stipulated MOTION for an Order (1) Granting Defendant Navistar, Inc. Leave to File a Renewed Motion to Dismiss and (2) Staying Initial Case Deadlines Pending Court's Ruling, filed by Defendant Navistar Inc. (Attachments: #1 Proposed Order) Noting Date 1/12/2021, (Baumgardner, Kevin)
January 7, 2021 Opinion or Order Filing 47 ORDER re #46 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Clayton J Callen for Defendant Navistar Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
January 7, 2021 Opinion or Order Filing 46 APPLICATION OF ATTORNEY Clayton J. Callen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Navistar Inc (Fee Paid) Receipt No. AWAWDC-6856102 (Baumgardner, Kevin)
January 7, 2021 Opinion or Order Filing 45 ORDER re #43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeffrey S Patterson for Defendant Navistar Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
January 7, 2021 Opinion or Order Filing 44 ORDER re #41 #42 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian J Sawyer for Defendant Navistar Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
January 7, 2021 Opinion or Order Filing 43 APPLICATION OF ATTORNEY Jeffrey S. Patterson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Navistar Inc (Fee Paid) Receipt No. AWAWDC-6855616 (Patterson, Jeffrey) Local Counsel is aware of filing on 1/7/2021 (DS).
January 7, 2021 Opinion or Order Filing 42 Corrected APPLICATION OF ATTORNEY Brian Sawyer FOR LEAVE TO APPEAR PRO HAC VICE by Defendant Navistar Inc. Receipt No. Receipt No. AWAWDC-6855542 (Sawyer, Brian) Local counsel is aware of the PHV filing 1/7/2021 (DS).
January 7, 2021 Opinion or Order Filing 41 APPLICATION OF ATTORNEY Brian Sawyer FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Navistar Inc (Fee Paid) Receipt No. AWAWDC-6855542 (Sawyer, Brian) No signature for local counsel, refiled #42 on 1/7/2021 (DS).
January 6, 2021 Opinion or Order Filing 40 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Ricardo S. Martinez. Joint Status Report due by 2/17/2021, FRCP 26(f) Conference Deadline is 2/3/2021, Initial Disclosure Deadline is 2/10/2021. (LC)
December 30, 2020 Opinion or Order Filing 39 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent NIC Inc. for Navistar Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Navistar Inc (Baumgardner, Kevin)
December 30, 2020 Opinion or Order Filing 38 NOTICE of Appearance by attorney Kevin C Baumgardner on behalf of Defendant Navistar Inc. (Baumgardner, Kevin)
December 30, 2020 Opinion or Order Attorney Lucio E Maldonado added as counsel for Navistar Inc per #38 Notice of Appearance. (PM)
December 23, 2020 Opinion or Order Filing 37 LETTER from Clerk to counsel re receipt of case from Northern District of Texas, Dallas and advising of WAWD case number and judge assignment. (RE)
December 23, 2020 Opinion or Order NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff Scott's Trucking LLC and Defendant Navistar Inc must file a Corporate Disclosure Statement by 12/30/2020. (RE)
December 23, 2020 Opinion or Order Judge Ricardo S. Martinez added. (RE)
December 21, 2020 Opinion or Order Filing 36 Case transferred in from Northern District of Texas (Dallas), Case Number 3:20-cv-03042.
December 21, 2020 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER: The court holds that it lacks in personam jurisdiction, and in its discretion concludes in the interest of justice that this lawsuit should be transferred to the Western District of Washington under 28 U.S.C. 1406(a). The court defers the balance of the Navistar's motion for decision as determined by the transferee court. Case transferred to Western District of Washington. (Ordered by Senior Judge Sidney A Fitzwater on 12/21/2020) (jmg) [Transferred from txnd on 12/23/2020.]
December 15, 2020 Opinion or Order Filing 34 Proposal for contents of scheduling and discovery order Joint Scheduling Proposal by Navistar Inc. (Sawyer, Brian) [Transferred from txnd on 12/23/2020.]
November 27, 2020 Opinion or Order Filing 33 REPLY filed by Navistar Inc re: #26 MOTION to Dismiss (Sawyer, Brian) [Transferred from txnd on 12/23/2020.]
November 17, 2020 Opinion or Order Filing 32 ORDER: Scheduling Proposal due by 12/15/2020. (Ordered by Senior Judge Sidney A Fitzwater on 11/17/2020) (ctf) [Transferred from txnd on 12/23/2020.]
November 13, 2020 Opinion or Order Filing 31 RESPONSE filed by Scott's Trucking LLC re: #26 MOTION to Dismiss. (Attachments: #1 Proposed Amendment) (Lassiter, Lawrence) [Transferred from txnd on 12/23/2020.]
October 29, 2020 Opinion or Order Filing 30 Joint STATUS REPORT filed by Navistar Inc. (Sawyer, Brian) [Transferred from txnd on 12/23/2020.]
October 28, 2020 Opinion or Order Filing 29 The parties have stipulated that documents from the Master case MDL-2590 from the Northern District of Illinois be included with this remanded case. (Docket sheet and documents attached). (twd) [Transferred from txnd on 12/23/2020.]
October 23, 2020 Opinion or Order Filing 28 Notice to Withdraw as Attorney filed by Navistar Inc. (oyh) Modified docket text and terminate motion on 10/26/2020 (cea). [Transferred from txnd on 12/23/2020.]
October 23, 2020 Opinion or Order Filing 27 Brief/Memorandum in Support filed by Navistar Inc re #26 MOTION to Dismiss (Attachments: #1 Exhibit(s) A) (Callen, Clayton) [Transferred from txnd on 12/23/2020.]
October 23, 2020 Opinion or Order Filing 26 MOTION to Dismiss filed by Navistar Inc (Attachments: #1 Proposed Order) (Callen, Clayton) [Transferred from txnd on 12/23/2020.]
October 15, 2020 Opinion or Order Filing 25 ORDER: Within 14 days of the date this order is filed, counsel shall confer and submit a status report. (Ordered by Senior Judge Sidney A Fitzwater on 10/15/2020) (oyh) [Transferred from txnd on 12/23/2020.]
October 2, 2020 Opinion or Order Filing 24 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (jmg) [Transferred from txnd on 12/23/2020.]
October 2, 2020 Opinion or Order Filing 23 Case electronically transferred in from District of Illinois Northern; Case Number 1:16-cv-08779. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from txnd on 12/23/2020.]
October 2, 2020 Opinion or Order Filing 22 TRANSFERRED to the Texas Northern, District the electronic record. (ec, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
October 2, 2020 Opinion or Order Filing 21 CONDITIONAL REMAND ORDER from MDL Panel transferring case to Texas Northern.(ec, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
October 2, 2020 Opinion or Order (Court only) Civil Case Terminated pursuant to MDL 2590 Conditional Remand Order filed 9/30/2020. (ec, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
April 8, 2020 Opinion or Order Filing 20 ATTORNEY Appearance for Defendant Navistar Inc by Brian Sawyer (Sawyer, Brian) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
April 1, 2020 Opinion or Order Filing 19 ATTORNEY Appearance for Defendant Navistar Inc by Jeffrey S Patterson (Patterson, Jeffrey) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
March 30, 2020 Opinion or Order Filing 18 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
March 24, 2020 Opinion or Order Filing 17 ATTORNEY Appearance for Defendant Navistar Inc by Clayton J Callen (Callen, Clayton) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
March 16, 2020 Opinion or Order Filing 16 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
March 16, 2020 Opinion or Order Filing 15 MINUTE entry before the Honorable Jeffrey Cummings: In light of Amended General Order 20-0012, dated 3/16/20, the currently set status and/or motion hearing in this matter is postponed and will be set by further order of the Court. Mailed notice (cc, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
March 6, 2020 Opinion or Order Filing 14 MINUTE entry before the Honorable Jeffrey Cummings: Going forward, counsel must submit all filings for member cases in this action, 14-cv-10318, but note the originating case number in parentheses in the case caption for 14-cv-10318. The court will add counsel who have appeared in the member cases, but not in 14-cv-10318, to the notification list in 14-cv-10318 to ensure electronic service of documents filed in 14-cv-10318. Mailed notice (cc, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 28, 2020 Opinion or Order Filing 13 MINUTE entry before the Honorable Jeffrey Cummings: The status hearing set for 3/3/20 at 11:00 a.m. is stricken and reset for 3/24/20 at 1:00 p.m. CST. The parties need not appear on 3/3/20. All parties who have been referred to this Court and did not participate in the status report submitted on 2/27/20 773 should file an additional joint status report by 3/17/20. Any out-of-state counsel who wishes to appear by phone at the 3/24/20 status hearing should contact the court's deputy at Chez_Chambers@ilnd.uscourts.gov by 3:00 p.m. CST on 3/23/20 to give notice of their intent to do so. Counsel should identify the case in which they are appearing and provide all contact information. Counsel who have given notice may call the Court's conference line, 888-684-8852, prior to the 11:00 a.m. hearing and use the access number 3997645 to reach the Court. All inquires should be directed to the court's deputy. (cc, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 27, 2020 Opinion or Order Filing 12 MINUTE entry before the Honorable Jeffrey Cummings: Any out-of-state counsel who wishes to appear by phone at the 3/3/20 status hearing should contact the court's deputy at Chez_Chambers@ilnd.uscourts.gov by 3:00 p.m. CST on 3/2/20 to give notice of their intent to do so. Counsel should identify the case in which they are appearing and provide all contact information. Counsel who have given notice may call the Court's conference line, 888-684-8852, prior to the 11:00 a.m. hearing and use the access number 3997645 to reach the Court. All inquires should be directed to the court's deputy. Mailed notice (cc, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 27, 2020 Opinion or Order Filing 11 ATTORNEY Appearance for Defendant Navistar Inc by Robin M. Hulshizer (Hulshizer, Robin) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 27, 2020 Opinion or Order Filing 10 ATTORNEY Appearance for Defendant Navistar Inc by James Friedland (Friedland, James) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 26, 2020 Opinion or Order Filing 9 ATTORNEY Appearance for Defendant Navistar Inc by Garrett Stuart Long (Long, Garrett) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 25, 2020 Opinion or Order Filing 8 MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred to Magistrate Judge Cummings. Status hearing set for 3/3/20 at 11:00 a.m. with the lead case 14 C 10318. Parties are to file a joint status report by 2/27/20 in compliance with Judge Cummings' Standing Order for Initial Status Reports. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
February 24, 2020 Opinion or Order Filing 7 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: discovery supervision. (mjc, )Mailed notice. [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
September 9, 2016 Opinion or Order Filing 6 MAILED MDL Transfer In Letter to all Counsel of record. (mr, ) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
September 9, 2016 Opinion or Order Filing 5 RECEIVED from Texas Northern; Case Number 3:16-cv-02409. (mr) [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
September 9, 2016 Opinion or Order Filing 4 CONDITIONAL TRANSFER ORDER (CTO 13): The JPML has issued the attached order in MDL 2590, and that order has now been filed in the Northern District of Illinois the Honorable Joan B. Gottschall. (ndt) [Transferred from Texas Northern on 9/9/2016.] [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
August 19, 2016 Opinion or Order Filing 3 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Scott's Trucking LLC. (Armstrong, Warren) [Transferred from Texas Northern on 9/9/2016.] [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
August 18, 2016 Opinion or Order 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 Stickney). Clerk to provide copy to plaintiff if not received electronically. (rekc) Modified on 8/19/2016 (rekc). [Transferred from Texas Northern on 9/9/2016.] [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]
August 18, 2016 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Navistar, Inc. filed by Scott's Trucking LLC. (Filing fee $400; Receipt number 0539-7807784) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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, 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. (Armstrong, Warren) [Transferred from Texas Northern on 9/9/2016.] [Transferred from Illinois Northern on 10/5/2020.] [Transferred from txnd on 12/23/2020.]

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Search for this case: Scott's Trucking LLC v. Navistar Inc
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Defendant: Navistar Inc
Represented By: James Friedland
Represented By: Clayton J Callen
Represented By: Brian Joseph Sawyer
Represented By: PRO HAC VICE PENDING
Represented By: Jeff S Patterson
Represented By: Robin M Hulshizer
Represented By: Garrett Stuart Long
Represented By: Brian J Sawyer
Represented By: Lucio E Maldonado
Represented By: Kevin C Baumgardner
Represented By: Jeffrey S Patterson
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Plaintiff: Scott's Trucking LLC
Represented By: Warren Monroe Armstrong
Represented By: PRO HAC VICE PENDING
Represented By: Clay Miller
Represented By: Lawrence Ray Lassiter
Represented By: Warren M Armstrong
Represented By: Patrick H LePley
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