Arch Insurance Company Inc. v. Shaffer Ford Sales Inc. et al

Plaintiff: Arch Insurance Company Inc.
Defendant: Ford Motor Company, Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. and Navistar
Cross Claimant: Shaffer Ford Sales Inc.
Cross Defendant: NAVISTAR, INC.
Case Number: 1:2021cv00082
Filed: June 23, 2021
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Referring Judge: Thomas S Kleeh
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Filing 190 DISMISSAL ORDER. This matter is hereby DISMISSED WITH PREJUDICE and is stricken from the docket of the Court. All hearings, deadlines, and pending motions are hereby TERMINATED. Signed by Chief District Judge Thomas S Kleeh on 5/11/2023. (dk)
May 10, 2023 Filing 189 *SEALED* REPORT of Mediator. (snc)
May 5, 2023 Filing 188 OBJECTIONS Plaintiff's Designation of Depositions to be Read at Trial to #127 Other Document by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 187 MOTION for Joinder to Ford Motor Company's Objections to Plaintiff's Jury Verdict by Caterpillar REMAN Powertrain Indiana LLC. (Barnes, Jessica)
May 5, 2023 Filing 186 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. re #173 Objections, #175 Objections, #184 Other Document, #179 Response in Opposition to Motion, #172 Response in Opposition to Motion, #177 Objections, #178 Response in Opposition to Motion, #176 Objections, #180 Objections, #181 Objections, #182 Objections, #185 Objections, #183 Objections (Shafer, Bradley)
May 5, 2023 Filing 185 OBJECTIONS to #103 Proposed Voir Dire by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 184 Other Document Plaintiff's Biographical Sketches filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1)(Shafer, Bradley)
May 5, 2023 Filing 183 OBJECTIONS to #105 Witness List by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1)(Shafer, Bradley)
May 5, 2023 Filing 182 OBJECTIONS to #135 Proposed Voir Dire by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 181 OBJECTIONS to #140 Proposed Voir Dire by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 180 OBJECTIONS to #148 Proposed Jury Instructions by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 179 RESPONSE in Opposition re #147 MOTION in Limine to Strike Tripp Wagner's Errata Sheet filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1)(Shafer, Bradley)
May 5, 2023 Filing 178 RESPONSE in Opposition re #134 MOTION in Limine To Exclude References To The Discovery Process filed by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 177 OBJECTIONS to #138 Proposed Jury Instructions by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 176 Exhibit 2 to Plaintiff Objections to Navistar Exhibits to #175 Objections by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 175 OBJECTIONS to Navistar to #139 Exhibit List by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 174 OBJECTIONS to #106 Exhibit List by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 173 OBJECTIONS to #146 Exhibit List by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1)(Shafer, Bradley)
May 5, 2023 Filing 172 RESPONSE in Opposition re #141 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Tesimony filed by Arch Insurance Company Inc.. (Shafer, Bradley)
May 5, 2023 Filing 171 Other Document FORD MOTOR COMPANYS EXPERT WITNESS BIOGRAPHICAL SKETCH filed by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 170 OBJECTIONS to #104 Proposed Jury Instructions by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 169 OBJECTIONS to #129 Other Document by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 168 RESPONSE in Opposition re #113 MOTION in Limine to Preclude Bart Shaffer Opinion of Arson filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Proctor, Jason)
May 5, 2023 Filing 167 RESPONSE in Opposition re #115 MOTION in Limine to Preclude use of Undisclosed Evidence filed by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 166 OBJECTIONS to #123 Witness List by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 165 OBJECTIONS to #117 Proposed Jury Instructions by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 164 OBJECTIONS to #119 Proposed Jury Verdict by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 163 OBJECTIONS to #107 Proposed Jury Verdict by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 162 OBJECTIONS to #105 Witness List by Ford Motor Company. (Proctor, Jason)
May 5, 2023 Filing 161 CAT Reman's Other Document Biological Sketch of Expert Witness filed by Caterpillar REMAN Powertrain Indiana LLC. (Attachments: #1 Exhibit)(Barnes, Jessica) (Attachment 1 replaced to make document a pdf on 5/8/2023) (dk).
May 5, 2023 Filing 160 RESPONSE in Opposition re #115 MOTION in Limine to Preclude use of Undisclosed Evidence filed by Caterpillar REMAN Powertrain Indiana LLC. (Attachments: #1 Proposed Order)(Barnes, Jessica)
May 5, 2023 Filing 159 OBJECTIONS to #117 Proposed Jury Instructions by Caterpillar REMAN Powertrain Indiana LLC. (Barnes, Jessica)
May 4, 2023 Filing 158 RESPONSE in Opposition re #133 MOTION in Limine To Preclude Defendant Shaffer Fords Experts From Introducing Undisclosed And/Or Unsubstantiated Expert Opinions filed by Shaffer Ford Sales Inc.. (Nooney, Patrick)
May 4, 2023 Filing 157 RESPONSE by Shaffer Ford Sales Inc. to #135 Proposed Voir Dire. (Nooney, Patrick)
May 4, 2023 Filing 156 RESPONSE by Shaffer Ford Sales Inc. to #138 Proposed Jury Instructions. (Nooney, Patrick)
May 4, 2023 Filing 155 RESPONSE by Shaffer Ford Sales Inc. to #117 Proposed Jury Instructions. (Nooney, Patrick)
April 28, 2023 Filing 154 ANSWER to #102 Amended Complaint (Second) by Ford Motor Company.(Proctor, Jason)
April 28, 2023 Filing 153 ANSWER to #102 Amended Complaint (Second) by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 28, 2023 Filing 152 ANSWER to #102 Amended Complaint by Caterpillar REMAN Powertrain Indiana LLC.(Shepard, Mark)
April 22, 2023 Filing 151 Proposed Jury Verdict by Navistar.(George, Shawn)
April 21, 2023 Filing 150 MOTION for Joinder In Certain Codefendants Pretrial Filings by Caterpillar REMAN Powertrain Indiana LLC. (Barnes, Jessica)
April 21, 2023 Filing 149 Proposed Jury Verdict by Ford Motor Company.(Proctor, Jason)
April 21, 2023 Filing 148 Proposed Jury Instructions by Caterpillar REMAN Powertrain Indiana LLC.(Barnes, Jessica)
April 21, 2023 Filing 147 MOTION in Limine to Strike Tripp Wagner's Errata Sheet by Caterpillar REMAN Powertrain Indiana LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Barnes, Jessica)
April 21, 2023 Filing 146 Exhibit List by Caterpillar REMAN Powertrain Indiana LLC.(Barnes, Jessica)
April 21, 2023 Filing 145 Witness List by Caterpillar REMAN Powertrain Indiana LLC.(Barnes, Jessica)
April 21, 2023 Filing 144 Proposed Voir Dire by Caterpillar REMAN Powertrain Indiana LLC.(Barnes, Jessica)
April 21, 2023 Filing 143 Proposed Jury Instructions by Navistar.(George, Shawn)
April 21, 2023 Filing 142 Exhibit List by Ford Motor Company.(Proctor, Jason)
April 21, 2023 Filing 141 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Tesimony by Ford Motor Company. (Attachments: #1 Exhibit 1)(Proctor, Jason)
April 21, 2023 Filing 140 Proposed Voir Dire by Navistar.(George, Shawn)
April 21, 2023 Filing 139 Exhibit List by Navistar.(George, Shawn)
April 21, 2023 Filing 138 Proposed Jury Instructions by Ford Motor Company.(Proctor, Jason)
April 21, 2023 Filing 137 MOTION for Joinder in Multiple Motions for Summary Judgment and Motions in Limine - 5 by Navistar. (George, Shawn)
April 21, 2023 Filing 136 Witness List by Ford Motor Company.(Proctor, Jason)
April 21, 2023 Filing 135 Proposed Voir Dire by Ford Motor Company.(Proctor, Jason)
April 21, 2023 Filing 134 MOTION in Limine To Exclude References To The Discovery Process by Ford Motor Company. (Proctor, Jason)
April 21, 2023 Filing 133 MOTION in Limine To Preclude Defendant Shaffer Fords Experts From Introducing Undisclosed And/Or Unsubstantiated Expert Opinions by Ford Motor Company. (Proctor, Jason)
April 21, 2023 Filing 132 MOTION in Limine to Preclude Testimony Regarding Other Navistar Products or Component Parts Other Than the Turbocharger at Issue by Navistar. (George, Shawn)
April 21, 2023 Filing 131 MOTION in Limine to Exclude Any References as to Navistar in the Discovery Process by Navistar. (George, Shawn)
April 21, 2023 Filing 130 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to PL Designation of Interrogatories (Shafer, Bradley)
April 21, 2023 Filing 129 Plaintiff's Designation of Interrogatories Other Document filed by Arch Insurance Company Inc.. (Shafer, Bradley)
April 21, 2023 Filing 128 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to PL Desig of Deps to be Read at Trial (Shafer, Bradley)
April 21, 2023 Filing 127 Plaintiff's Designation of Depositions to be Read at Trial Other Document filed by Arch Insurance Company Inc.. (Shafer, Bradley)
April 21, 2023 Filing 126 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to Plaintiff's Exhibit List (Shafer, Bradley)
April 21, 2023 Filing 125 Exhibit List by Arch Insurance Company Inc..(Shafer, Bradley)
April 21, 2023 Filing 124 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to Plaintiff's Trial Witness List (Shafer, Bradley)
April 21, 2023 Filing 123 Witness List by Arch Insurance Company Inc..(Shafer, Bradley)
April 21, 2023 Filing 122 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to Plaintiff's Proposed Voir Dire (Shafer, Bradley)
April 21, 2023 Filing 121 Proposed Voir Dire by Arch Insurance Company Inc..(Shafer, Bradley)
April 21, 2023 Filing 120 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to Plaintiff's Proposed Verdict Form (Shafer, Bradley)
April 21, 2023 Filing 119 Proposed Jury Verdict by Arch Insurance Company Inc..(Shafer, Bradley)
April 21, 2023 Filing 118 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to PL Proposed Jury Instructions (Shafer, Bradley)
April 21, 2023 Filing 117 Proposed Jury Instructions by Arch Insurance Company Inc..(Shafer, Bradley)
April 21, 2023 Filing 116 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to MIL to Preclude use of Undisclosed Evidence (Shafer, Bradley)
April 21, 2023 Filing 115 MOTION in Limine to Preclude use of Undisclosed Evidence by Arch Insurance Company Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shafer, Bradley)
April 21, 2023 Filing 114 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to MIL Preclude Opinion of Arson (Shafer, Bradley)
April 21, 2023 Filing 113 MOTION in Limine to Preclude Bart Shaffer Opinion of Arson by Arch Insurance Company Inc.. (Attachments: #1 Exhibit 1)(Shafer, Bradley)
April 21, 2023 Filing 112 ANSWER to #102 Amended Complaint Second Amended Complaint by Navistar.(George, Shawn)
April 20, 2023 Filing 111 NOTICE by Navistar of Non-Party Fault (George, Shawn)
April 19, 2023 Filing 110 REPLY to Response to Motion re #92 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Proctor, Jason)
April 19, 2023 Filing 109 REPLY to Response to Motion re #89 MOTION for Summary Judgment filed by Caterpillar REMAN Powertrain Indiana LLC. (Barnes, Jessica)
April 17, 2023 Filing 108 NOTICE of Appearance by Shawn P. George on behalf of Navistar (George, Shawn)
April 14, 2023 Filing 107 Proposed Jury Verdict by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 14, 2023 Filing 106 Exhibit List by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 14, 2023 Filing 105 Witness List by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 14, 2023 Filing 104 Proposed Jury Instructions by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 14, 2023 Filing 103 Proposed Voir Dire by Shaffer Ford Sales Inc..(Nooney, Patrick)
April 14, 2023 Filing 102 SECOND AMENDED COMPLAINT against Caterpillar REMAN Powertrain Indiana LLC, Ford Motor Company, Navistar, Shaffer Ford Sales Inc. filed by Arch Insurance Company Inc. (dk)
April 14, 2023 Filing 101 ORDER GRANTING #83 PLAINTIFF'S AMENDED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. Also pending is Defendants' Motion to Extend Pretrial Deadlines. ECF No. #100 . That motion is also GRANTED. Proposed Pretrial Order due by 5/15/2023. Signed by Chief District Judge Thomas S Kleeh on 4/14/2023. (dk)
April 6, 2023 Filing 100 Joint MOTION for Extension of Time to File Extend Pretrial Deadlines in the Scheduling Order by Ford Motor Company. (Proctor, Jason)
April 5, 2023 Filing 99 Memorandum in Opposition re #92 MOTION for Summary Judgment by Ford Motor Company filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Attachment Certificate of Service)(Shafer, Bradley)
April 5, 2023 Filing 98 Memorandum in Opposition re #89 MOTION for Summary Judgment filed by CAT REMAN filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Attachment Certificate of Service)(Shafer, Bradley)
April 4, 2023 Filing 97 NOTICE by Arch Insurance Company Inc. of Mediation (Shafer, Bradley)
April 4, 2023 Filing 95 REPLY to Response to Motion re #87 Joint MOTION in Limine to Exclude Expert Testimony of Tripp Wagner filed by Caterpillar REMAN Powertrain Indiana LLC, Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Barnes, Jessica)
March 28, 2023 Filing 94 Memorandum in Opposition re #87 Joint MOTION in Limine to Exclude Expert Testimony of Tripp Wagner filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Shafer, Bradley)
March 15, 2023 Filing 93 Memorandum in Support re #92 MOTION for Summary Judgment filed by Ford Motor Company. (Proctor, Jason)
March 15, 2023 Filing 92 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Proctor, Jason)
March 15, 2023 Filing 91 Appendix Other Document re #90 Memorandum in Support of Motion filed by Caterpillar REMAN Powertrain Indiana LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barnes, Jessica)
March 15, 2023 Filing 90 Memorandum in Support re #89 MOTION for Summary Judgment filed by Caterpillar REMAN Powertrain Indiana LLC. (Barnes, Jessica)
March 15, 2023 Filing 89 MOTION for Summary Judgment by Caterpillar REMAN Powertrain Indiana LLC. (Attachments: #1 Proposed Order)(Barnes, Jessica)
March 15, 2023 Filing 88 Memorandum in Support re #87 Joint MOTION in Limine to Exclude Expert Testimony of Tripp Wagner filed by Ford Motor Company. (Proctor, Jason)
March 15, 2023 Filing 87 Joint MOTION in Limine to Exclude Expert Testimony of Tripp Wagner by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Proctor, Jason)
March 15, 2023 Filing 86 CERTIFICATE OF SERVICE by Ford Motor Company First Supplemental Rule 26(a)(2) Expert Disclosures. (Proctor, Jason)
March 13, 2023 Filing 85 RESPONSE in Support re #83 MOTION to Amend/Correct Motion for Leave to File Second Amendeed Complaint Reply in Support of Amended Motion for Leave to File Second Amended Complaint filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Shafer, Bradley)
March 8, 2023 Filing 84 Memorandum in Opposition re #83 MOTION to Amend/Correct Motion for Leave to File Second Amendeed Complaint filed by NAVISTAR, INC.. (Attachments: #1 Exhibit, #2 Exhibit)(George, Shawn)
March 3, 2023 Filing 83 MOTION to Amend/Correct Motion for Leave to File Second Amendeed Complaint by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Second Amended Complaint, #2 Certificate of Service)(Shafer, Bradley)
February 27, 2023 Filing 82 ORDER DENYING #79 PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. The motion for leave to amend is DENIED, without prejudice, and with leave to refile according to Local Rule 15.01. Should Plaintiff choose to refile the motion, it is DIRECTED to do so within seven (7) days of this order. Signed by Chief District Judge Thomas S Kleeh on 2/27/2023. (dk)
February 24, 2023 Filing 81 REPLY to Response to Motion re #79 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint Reply in Support of Motion for Leave to File Second Amended Complaint filed by Arch Insurance Company Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Shafer, Bradley)
February 17, 2023 Filing 80 Memorandum in Opposition re #79 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint filed by NAVISTAR, INC.. (George, Shawn)
February 3, 2023 Filing 79 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint by Arch Insurance Company Inc.. (Shafer, Bradley)
January 31, 2023 Filing 78 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. Supplemental Expert Report. (Barnes, Jessica)
January 30, 2023 Filing 77 MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS CROSSCLAIM AGAINST NAVISTAR, INC. (ECF. NO. #37 ). The Court GRANTS Navistar's motion (ECF No. #37 ) and DISMISSES WITHOUT PREJUDICE Shaffer Ford's crossclaims against it. Signed by Chief District Judge Thomas S Kleeh on 1/30/2023. (dk)
January 30, 2023 Filing 76 MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS AMENDED COMPLAINT AGAINST NAVISTAR, INC. (ECF. NO. #35 ). The Court GRANTS Navistar's motion (ECF No. #35 ) and DISMISSES WITHOUT PREJUDICE Arch Insurance's claims against it. If Arch Insurance wishes to file a motion for leave to amend its Amended Complaint, it must do so within thirty (30) days. Signed by Chief District Judge Thomas S Kleeh on 1/30/2023. (dk)
January 17, 2023 Filing 75 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. Notice of Deposition of Trevor Alexander. (Barnes, Jessica)
January 17, 2023 Filing 74 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. Notice of Deposition of C. Tripp Wagner III. (Barnes, Jessica)
January 13, 2023 Filing 73 NOTICE by NAVISTAR, INC. of Deposition Duces Tecum of William Herndon, Jr. (George, Shawn)
January 6, 2023 Filing 72 STIPULATED PROTECTIVE ORDER. Signed by Chief District Judge Thomas S Kleeh on 1/6/2023. (dk) (Main Document 72 replaced with correct document on 1/6/2023. NEF regen) (dk).
January 5, 2023 Filing 71 STIPULATION Protective Order by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc.. (Barnes, Jessica)
December 16, 2022 Filing 70 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. Rule 26 Expert Disclosures. (Barnes, Jessica)
December 16, 2022 Filing 69 CERTIFICATE OF SERVICE by Ford Motor Company Rule 26(a)(2) Expert Disclosures. (Proctor, Jason)
December 15, 2022 Filing 68 CERTIFICATE OF SERVICE by NAVISTAR, INC. Rule 26(a)(2)(A) and (C) Disclosure. (George, Shawn)
December 14, 2022 Filing 67 CERTIFICATE OF SERVICE by Shaffer Ford Sales Inc. for Designation of Experts. (Nooney, Patrick)
November 11, 2022 Filing 66 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. Plaintiff's Expert Designation. (Shafer, Bradley)
October 31, 2022 Filing 65 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. of Proof of Service of Subpoena of Brett Crewd (Shafer, Bradley)
October 31, 2022 Filing 64 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. of Proof of Service of Subpoena of Dillion Calder. (Shafer, Bradley)
October 24, 2022 Filing 63 CERTIFICATE OF SERVICE by Shaffer Ford Sales Inc. for the Answers and Responses to Defendants Caterpillar's First Set of Interrogatories and Requests for Production of Documents. (Nooney, Patrick)
October 17, 2022 Filing 62 NOTICE by Arch Insurance Company Inc. OF PL NOD OF BART SHAFFER AND DILLON CALDER (Shafer, Bradley)
July 22, 2022 Filing 61 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. Aurora Volunteer Fire Department's Answers and Responses to Caterpillar Defendants', First Set of Interrogatories. (Shafer, Bradley)
July 19, 2022 Filing 60 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. to CAT REMAN, Caterpillar Inc., and Caterpillar Used Equipment Services, Inc.. (Shafer, Bradley)
June 13, 2022 Filing 59 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. to Notice of Inspection. (Shepard, Mark)
June 8, 2022 Filing 58 CERTIFICATE OF SERVICE by Ford Motor Company Defendant Ford Motor Company's Amended Second Rule 26(a)(1) Initial Disclosures. (Secret, Michael)
May 6, 2022 Filing 57 CERTIFICATE OF SERVICE by NAVISTAR, INC. Rule 26(a)1 Disclosures. (George, Shawn)
May 6, 2022 Filing 56 CERTIFICATE OF SERVICE by Ford Motor Company Defendant Ford Motor Company's Second Rule 26(a) Initial Disclosures. (Secret, Michael)
May 6, 2022 Filing 55 CERTIFICATE OF SERVICE by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. Initial Disclosures. (Barnes, Jessica)
April 19, 2022 Filing 54 SCHEDULING ORDER: Amended Pleadings due by 11/1/2022. Joinder of Parties due by 11/1/2022. Discovery due by 2/15/2023. Dispositive Motions due by 3/15/2023. Proposed Pretrial Order due by 5/15/2023. Final Pretrial Conference/Settlement Conference set for 6/14/2023 10:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Jury Selection and Jury Trial set for 7/17/2023 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Signed by Chief District Judge Thomas S Kleeh on 4/19/2022. (dk)
April 18, 2022 Filing 53 AMENDED DOCUMENT by Ford Motor Company. Amended Scheduling Order Checklist. (Secret, Michael)
April 18, 2022 Filing 52 REPORT of Rule 26(f) Planning Meeting. (Secret, Michael)
April 1, 2022 Filing 51 Caterpillar Defendants' ANSWER to #26 Answer to Amended Complaint,, Crossclaim, of Shaffer Ford Sales, Inc. by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc..(Barnes, Jessica)
March 31, 2022 Filing 50 STATUS REPORT Status Report filed by Plaintiff by Arch Insurance Company Inc.. (Shafer, Bradley)
March 24, 2022 Filing 49 ANSWER to #23 Amended Complaint by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc..(Barnes, Jessica)
March 23, 2022 Filing 48 REPLY to Response to Motion re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum re Shaffer Ford Sales' Cross-Claim Against Navistar Inc. filed by NAVISTAR, INC.. (George, Shawn)
March 22, 2022 Filing 47 RESPONSE in Opposition re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum re Shaffer Ford Sales' Cross-Claim Against Navistar Inc. filed by Shaffer Ford Sales Inc.. (Attachments: #1 Proposed Order Proposed Order Denying Motion to Dismiss Cross-claim)(Nooney, Patrick)
March 18, 2022 Filing 46 REPLY to Response to Motion re #35 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NAVISTAR, INC.. (George, Shawn)
March 16, 2022 Filing 45 Memorandum in Opposition re #35 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arch Insurance Company Inc.. (Shafer, Bradley)
March 16, 2022 Filing 44 RESPONSE in Opposition re #35 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arch Insurance Company Inc.. (Shafer, Bradley)
March 16, 2022 Filing 43 Corporate Disclosure Statement by Caterpillar Used Equipment Services, Inc. identifying Corporate Parent Caterpillar Inc. for Caterpillar Used Equipment Services, Inc... (Barnes, Jessica) (Main Document 43 replaced with flattened document on 3/18/2022) (dk).
March 16, 2022 Filing 42 Corporate Disclosure Statement by Caterpillar Inc.. (Barnes, Jessica) (Main Document 42 replaced with flattened document on 3/18/2022) (dk).
March 16, 2022 Filing 41 Corporate Disclosure Statement by Caterpillar REMAN Powertrain Indiana LLC identifying Corporate Parent Caterpillar Inc. for Caterpillar REMAN Powertrain Indiana LLC.. (Barnes, Jessica) (Main Document 41 replaced with flattened document on 3/18/2022) (dk).
March 10, 2022 Filing 40 ORDER ADOPTING #39 JOINT STIPULATION. Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc. answers due 3/24/2022. Signed by District Judge Thomas S. Kleeh on 3/10/22. (kam)
March 10, 2022 Filing 39 STIPULATION Regarding Due Date for Answer or Responsive Pleadings by Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc.. (Barnes, Jessica)
March 10, 2022 Filing 38 Corporate Disclosure Statement by NAVISTAR, INC. identifying Corporate Parent NAVISTAR INTERNATIONAL CORPORATION for NAVISTAR, INC... (George, Shawn)
March 9, 2022 Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum re Shaffer Ford Sales' Cross-Claim Against Navistar Inc. by NAVISTAR, INC.. (Attachments: #1 Proposed Order)(George, Shawn)
March 9, 2022 Filing 36 Memorandum in Support re #35 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NAVISTAR, INC.. (George, Shawn)
March 9, 2022 Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NAVISTAR, INC.. (Attachments: #1 Proposed Order)(George, Shawn) Modified on 3/9/2022 Attorney choose two motion event when only one was needed.(cmd).
March 2, 2022 Filing 34 SUMMONS Returned Executed as to Caterpillar Inc. served on 2/18/2022. (Shafer, Bradley)
March 1, 2022 Filing 33 Ford Motor Company's ANSWER to #26 Answer to Amended Complaint,, Crossclaim, by Ford Motor Company.(Proctor, Jason)
March 1, 2022 Filing 32 ORDER DIRECTING STATUS REPORT. Signed by District Judge Thomas S. Kleeh on 3/1/2022. (dk)
February 28, 2022 Filing 31 SUMMONS Returned Executed as to Caterpillar Used Equipment Services, Inc. served on 2/11/2022. (Shafer, Bradley)
February 22, 2022 Filing 30 SUMMONS Returned Executed as to NAVISTAR, INC. served on 2/16/2022. (Shafer, Bradley)
February 17, 2022 Filing 29 SUMMONS Returned Executed as to Caterpillar REMAN Powertrain Indiana LLC served on 2/14/2022. (Shafer, Bradley)
February 14, 2022 Filing 28 ORDER GRANTING JOINT MOTION TO CONTINUE AND VACATE SCHEDULING ORDER. The Court GRANTS the joint motion (ECF No. #27 ). The Court hereby VACATES the Scheduling Order (ECF No. #7 ). Signed by District Judge Thomas S. Kleeh on 2/14/2022. (dk)
February 14, 2022 Filing 27 Joint MOTION to Continue , MOTION to Vacate Scheduling Order by Ford Motor Company. (Proctor, Jason)
February 9, 2022 Filing 26 Defendant Shaffer Ford Sales, Inc. ANSWER to #23 Amended Complaint , CROSSCLAIM of Shaffer Ford Sales, Inc. against Caterpillar Inc., Caterpillar REMAN Powertrain Indiana LLC, Caterpillar Used Equipment Services, Inc., Ford Motor Company, NAVISTAR, INC. by Shaffer Ford Sales Inc.. (Attachments: #1 Attachment Cross-Claim of Defendant Shaffer Ford Sales against Co-Defendants)(Nooney, Patrick)
February 8, 2022 Filing 25 Ford Motor Company's ANSWER to #23 Amended Complaint by Ford Motor Company.(Proctor, Jason)
January 25, 2022 Filing 23 AMENDED COMPLAINT (First) against All Defendants, filed by Arch Insurance Company Inc..(Shafer, Bradley)
January 24, 2022 Filing 22 ORDER. The Court finds that the Motion #21 is deemed proper and the same is GRANTED. Plaintiff is ordered to file the Amended Complaint with the Court and serve the additional parties in accordance with Federal Rules. Signed by District Judge Thomas S. Kleeh on 1/24/2022. (dk)
January 24, 2022 Filing 21 First MOTION to Amend/Correct Complaint by Arch Insurance Company Inc.. (Attachments: #1 Proposed Order, #2 Attachment)(Shafer, Bradley)
January 5, 2022 Filing 20 ORDER GRANTING MOTION TO MODIFY SCHEDULING ORDER. The Court GRANTS the Motion to Modify Scheduling Order (ECF. NO. #14 ). The parties' deadline to join parties or amend pleadings is hereby scheduled for February 1, 2022. Signed by District Judge Thomas S. Kleeh on 1/5/2022. (dk)
January 3, 2022 Filing 19 CERTIFICATE OF SERVICE by Shaffer Ford Sales Inc. for the Answers and Responses to Plaintiff's First Interrogatories and Requests for Production of Documents. (Nooney, Patrick)
January 3, 2022 Filing 18 RESPONSE in Support re #14 MOTION Motion to Modify Scheduling Order filed by Arch Insurance Company Inc.. (Shafer, Bradley)
December 29, 2021 Filing 17 ORDER SCHEDULING RESPONSE DEADLINE. The Court DIRECTS the Clerk to correct Defendant's filing event for Motion to Modify Scheduling Order [ECF No. #14 ] to a pending motion status. The Court ORDERS any response by parties to Defendant's Motion be filed on or before January 4, 2022. Signed by District Judge Thomas S. Kleeh on 12/29/2021. (wrr)
December 28, 2021 Filing 16 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. Plaintiff Arch Insurance Company, Inc.'s Designation of Experts. (Shafer, Bradley)
November 30, 2021 Filing 15 Proposed Order Granting Motion to Modify Scheduling Order re #14 Other Document by Shaffer Ford Sales Inc.. (Nooney, Patrick)
November 30, 2021 Filing 14 Motion to Modify Scheduling Order Other Document filed by Shaffer Ford Sales Inc.. (Nooney, Patrick) Modified on 12/29/2021 to make pending motion per #17 order (wrr).
October 28, 2021 Filing 13 CERTIFICATE OF SERVICE by Ford Motor Company Answers and Responses to Plaintiffs First Set of Discovery. (Proctor, Jason)
September 13, 2021 Filing 12 NOTICE by Shaffer Ford Sales Inc. of Nonparty Fault (Nooney, Patrick)
September 10, 2021 Filing 11 NOTICE by Ford Motor Company of Nonparty Fault (Proctor, Jason)
August 26, 2021 Filing 10 CERTIFICATE OF SERVICE by Arch Insurance Company Inc. for Plaintiff's Rule 26(a)(1) Initial Disclosures. (Shafer, Bradley)
August 26, 2021 Filing 9 CERTIFICATE OF SERVICE by Shaffer Ford Sales Inc. for the 26(a)(1) Initial Discovery Disclosures. (Nooney, Patrick)
August 25, 2021 Filing 8 CERTIFICATE OF SERVICE by Ford Motor Company for Rule 26(a)(1) Initial Disclosures. (Proctor, Jason)
August 19, 2021 Filing 7 ***VACATED PER ORDER #28 *** SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 12/1/2021. Discovery due by 5/16/2022. Dispositive Motions due by 6/15/2022. Joint Pretrial Order due by 8/15/2022. Final Pretrial Conference/Settlement Conference set for 9/19/2022 11:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Jury Selection/Jury Trial set for 10/4/2022 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by District Judge Thomas S. Kleeh on 8/19/21. (mh)
August 9, 2021 Filing 6 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Attachment Scheduling Order Checklist)(Secret, Michael)
July 11, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
July 9, 2021 Filing 5 Other Document Disclosure Statement Pursuant to fed. R. Civ. P. 7.1 filed by Ford Motor Company. (Proctor, Jason)
July 9, 2021 Filing 4 Corporate Disclosure Statement by Arch Insurance Company Inc.. (Shafer, Bradley)
June 28, 2021 Filing 3 Corporate Disclosure Statement by Shaffer Ford Sales Inc.. (Nooney, Patrick) (Main Document 3 replaced on 7/7/2021) (mh). Modified on 7/7/2021 to flatten document. NEF regen. (mh).
June 28, 2021 Filing 2 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 7/6/2021. Rule 26 Meeting Report due by 8/9/2021. Discovery due by 8/16/2021. Signed by District Judge Thomas S. Kleeh on 6/28/2021. (copy counsel of record)(jmm)
June 23, 2021 Filing 1 NOTICE OF REMOVAL with State Court Papers from Preston County Circuit Court, (case number 21-C-21), filed by Ford Motor Company. (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - State Court Documents, #3 Exhibit C - State Court Documents, #4 Exhibit D - State Court Docket Sheet, #5 Exhibit E - Notice, #6 Exhibit F - Notice, #7 Civil Cover Sheet) Filing Fee $402. Receipt #0424-3280771 (mh)

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Search for this case: Arch Insurance Company Inc. v. Shaffer Ford Sales Inc. et al
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Cross claimant: Shaffer Ford Sales Inc.
Represented By: Patrick J. Nooney
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Plaintiff: Arch Insurance Company Inc.
Represented By: Bradley K. Shafer
Represented By: Michael G. Gallaway
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Defendant: Ford Motor Company
Represented By: Michael A. Secret
Represented By: Michael Bonasso
Represented By: Jason A. Proctor
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Defendant: Caterpillar Inc.
Represented By: Mark D Shepard
Represented By: Jessica M. Barnes
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Defendant: Caterpillar REMAN Powertrain Indiana LLC
Represented By: Jessica M. Barnes
Represented By: Mark D Shepard
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Defendant: Caterpillar Used Equipment Services, Inc.
Represented By: Jessica M. Barnes
Represented By: Mark D Shepard
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Defendant: Navistar
Represented By: Shawn P. George
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Cross defendant: NAVISTAR, INC.
Represented By: Jennie Ovrom Ferretti
Represented By: Shawn P. George
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