RDD, LLC v. Caterpillar, Inc., et al
Plaintiff: RDD, LLC
Defendant: Worldwide Equipment Inc. and Caterpillar, Inc.
Not Classified By Court: Donald B. O'Dell
Case Number: 1:2010cv00779
Filed: June 1, 2010
Court: US District Court for the Southern District of West Virginia
Office: Bluefield Office
County: McDowell
Presiding Judge: David A Faber
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 1, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2011 Opinion or Order Filing 65 ORDER OF DISMISSAL: Came plaintiff, RDD, LLC, by counsel, and defendant, Worldwide Equipment, Inc., by counsel, and represented to the Court that all matters in difference between the aforementioned parties have been compromised, agreed and settled. Accordingly, it is ORDERED that this action be, and the same is hereby, DISMISSED as compromised, agreed and settled, with prejudice, and that each party bear its own attorneys' fees and costs. Signed by Senior Judge David A. Faber on 12/1/2011. (certified cc: counsel of record) (arb)
November 29, 2011 Filing 64 PROPOSED ORDER of Dismissal by RDD, LLC, Worldwide Equipment Inc. (Morgan, E.) (Modified on 11/29/2011 to add additional filer) (skh).
October 31, 2011 Opinion or Order Filing 63 ORDER PLACING CASE ON INACTIVE DOCKET. Having been advised by the parties of the settlement of this action, directing that this case be placed on the inactive docket; the parties may submit an agreed order of dismissal within 30 days of the entry of this order; otherwise, dismissal will be without prejudice; the court will reinstate this case to the active docket if one of the parties shows good cause within 30 days of the entry of this order. Signed by Judge David A. Faber on 10/31/2011. (cc: counsel of record) (mjp)
October 11, 2011 Opinion or Order Filing 62 ORDER denying as moot plaintiff's #54 MOTION to Strike defendant Caterpillar's Objection to its Rule 30(b)(6) notice. Signed by Judge David A. Faber on 10/11/2011. (cc: counsel of record) (mjp)
September 14, 2011 Filing 61 REPLY by Worldwide Equipment Inc. to #60 Response In Opposition. (Attachments: #1 Exhibit 18, #2 Exhibit 48)(King, Andrea) (Modified description of attachments on 9/14/2011) (skh).
September 1, 2011 Filing 60 RESPONSE by RDD, LLC in opposition of #58 MOTION by Worldwide Equipment Inc. for Summary Judgment (Morgan, E.)
August 22, 2011 Filing 59 MEMORANDUM by Worldwide Equipment Inc. in support of #58 MOTION by Worldwide Equipment Inc. for Summary Judgment (King, Andrea)
August 22, 2011 Filing 58 MOTION by Worldwide Equipment Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(King, Andrea) (Modified description of attachments on 8/22/2011) (skh).
July 21, 2011 Filing 57 REPORT OF MEDIATION by Donald B. O'Dell, Mediator. (arb)
July 13, 2011 Filing 56 AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Adam Thomas on August 3, 2011 at 3:00 p.m. (Wallace, Richard)
July 13, 2011 Filing 55 AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Robert E. Noe on August 3, 2011 at 1:00 p.m. (Wallace, Richard)
July 11, 2011 Filing 54 MOTION by RDD, LLC to Strike #53 Objection Regarding 30(b)(6) Notice (Morgan, E.) (Modified for clarity of text and to remove responses due date on 7/11/2011) (skh).
July 6, 2011 Filing 53 WRITTEN OBJECTIONS to Plaintiff RDD, LLC's Notice of Taking a Corporate Representative Deposition re: #42 Notice to Take Deposition by Caterpillar, Inc. (Wallace, Richard) (Modified text to conform to filed document on 7/6/2011) (skh).
July 6, 2011 Filing 52 SECOND AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of RDD, LLC on August 4, 2011 at 10:00 a.m. (Wallace, Richard) (Modified title of entry to add "second" on 7/7/2011) (skh).
July 6, 2011 Filing 51 CERTIFICATE OF SERVICE filed by Worldwide Equipment Inc. for Defendant's Second Supplemental Answers and Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Worldwide Equipment, Inc. (King, Andrea)
June 28, 2011 Filing 50 AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ross A. Dionne on July 12, 2011 at 10:30 a.m. (Wallace, Richard)
June 15, 2011 Opinion or Order Filing 49 AMENDED SCHEDULING ORDER: The joint #39 MOTION to amend the scheduling order is GRANTED and same is AMENDED as follows: Discovery requests to be completed by 8/1/2011. Parties may suggest mediation by 8/29/2011. Dispositive Motions except those filed under Rule 12(b) due by 8/22/2011, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting to be held by 10/17/2011. Motions in Limine due by 10/24/2011, with responses due 11/7/2011. Proposed integrated pretrial order due by 10/28/2011. Pretrial Conference set for 11/7/2011 02:30 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 11/17/2011. Final Settlement Conference at 10:30 AM on 11/21/2011 in Bluefield. Jury Trial set for 11/22/2011 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Judge David A. Faber on 6/15/2011. (cc:attys; any unrepresented party) (mjp)
June 14, 2011 Filing 48 AMENDED NOTICE of Mediation by Caterpillar, Inc. (Wallace, Richard) (Modified text to conform to filed document on 6/14/2011) (skh).
June 14, 2011 Filing 47 NOTICE of Mediation by Caterpillar, Inc. (Wallace, Richard)
May 31, 2011 Filing 46 SECOND AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of RDD, LLC on June 21, 2011 at 10:00 a.m. (Wallace, Richard) (Modified text to add "second" on 6/1/2011) (skh).
May 13, 2011 Filing 45 NOTICE of Service of Subpoena Commanding Production of Documents, Electronically Stored Information, or Tangible Things upon Cobra Natural Resources, LLC by Caterpillar, Inc. (Attachment: #1 Exhibit A - Subpoena)(Wallace, Richard) (Modified description of attachment on 5/14/2011) (skh).
May 13, 2011 Filing 44 NOTICE of Service of Subpoena Commanding Production of Documents, Electronically Stored Information, or Tangible Things upon White Flame Energy, Inc. by Caterpillar, Inc. (Attachment: #1 Exhibit A - Subpoena)(Wallace, Richard) (Modified description of attachment on 5/14/2011) (skh).
May 13, 2011 Filing 43 AMENDED NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of RDD, LLC on June 1, 2011 at 10:00 a.m. (Wallace, Richard)
May 2, 2011 Filing 42 NOTICE TO TAKE DEPOSITION by RDD, LLC of Caterpillar, Inc. and Worldwide Equipment, Inc. (Morgan, E.) (Modified on 5/2/2011 to add names of deponents) (skh).
April 20, 2011 Filing 41 NOTICE TO TAKE DEPOSITION by RDD, LLC of Rocky Lucado on May 26, 2011 at 1:00 p.m. (Morgan, E.)
April 20, 2011 Filing 40 NOTICE TO TAKE DEPOSITION by RDD, LLC of Richard Lilly on May 26, 2011 at 11:00 a.m. (Morgan, E.)
April 6, 2011 Filing 39 JOINT MOTION by Caterpillar, Inc., RDD, LLC, Worldwide Equipment Inc. for Enlargement of Time to Complete Discovery (Wallace, Richard) (Modified text to conform to filed document on 4/6/2011) (skh).
April 5, 2011 Filing 38 CERTIFICATE OF SERVICE filed by RDD, LLC for Plaintiff RDD, LLC's Supplemental Response to Caterpillar Inc.'s Third Set of Requests for Production of Documents to Plaintiff (Morgan, E.)
March 30, 2011 Filing 37 CERTIFICATE OF SERVICE filed by RDD, LLC for Plaintiff RDD, LLC's Response to Caterpillar Inc.'s Third Set of Requests for Production of Documents to Plaintiff (Morgan, E.)
March 28, 2011 Filing 36 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of RDD, LLC on April 6, 2011 at 9:30 a.m. (Wallace, Richard)
March 21, 2011 Filing 35 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Adam Thomas on April 8, 2011 at 3:00 p.m. (Wallace, Richard)
March 21, 2011 Filing 34 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Robert A. Noe on April 8, 2011 at 1:00 p.m. (Wallace, Richard)
March 21, 2011 Filing 33 CERTIFICATE OF SERVICE filed by Worldwide Equipment Inc. for Defendant's First Supplemental Answers and Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Worldwide Equipment, Inc. (King, Andrea)
March 21, 2011 Filing 32 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ross A. Dionne on April 14, 2011 at 1:30 p.m. (Wallace, Richard)
March 4, 2011 Filing 31 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s Third Set of Requests for Production of Documents to Plaintiff (Wallace, Richard)
March 4, 2011 Filing 30 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s Second Set of Interrogatories to Plaintiff (Wallace, Richard)
March 1, 2011 Filing 29 EMAIL NOTIFICATION to John R. Fowler, Re: Electronic filing. (Attachments: #1 Clerk's Notice) (jkk)
March 1, 2011 Filing 28 EMAIL NOTIFICATION to Kelsey K. Black, Re: Electronic filing. (Attachments: #1 Clerk's Notice) (jkk)
March 1, 2011 Opinion or Order Filing 27 FIRST AMENDED SCHEDULING ORDER: parties' joint motion for enlargement of time #23 is GRANTED. The Scheduling Order entered 8/23/2010 #10 is AMENDED as follows: Discovery requests to be completed by 3/4/2011 and all depositions by 04/18/2011. Dispositive Motions except those filed under Rule 12(b) due by 5/9/2011, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. All other deadlines in the Scheduling Order entered 08/23/2010 shall remain unchanged. Signed by Magistrate Judge R. Clarke VanDervort on 3/1/2011. (cc:attys; any unrepresented party) (mjp)
February 25, 2011 Filing 26 STATEMENT OF VISITING ATTORNEY from Kelsey K. Black on behalf of Caterpillar, Inc. Local counsel: Richard M. Wallace. Fee $50.00. Receipt # 0425-1481496. (Wallace, Richard) (Modified on 2/26/2011 to add name of visiting attorney) (skh).
February 22, 2011 Filing 25 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s Second Set of Requests for Production of Documents to Plaintiff (Wallace, Richard)
February 22, 2011 Filing 24 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ricky Dotson on March 3, 2011 at 10:00 a.m. (Wallace, Richard)
February 7, 2011 Filing 23 JOINT MOTION by Caterpillar, Inc., RDD, LLC, Worldwide Equipment Inc. for Enlargement of Time to Complete Discovery to April 18, 2011 (Wallace, Richard) (Modified text to conform to filed document and to add additional filers on 2/7/2011) (skh).
February 1, 2011 Filing 22 CERTIFICATE OF SERVICE filed by Worldwide Equipment Inc. for Defendant's Answers and Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Worldwide Equipment, Inc. (King, Andrea)
December 21, 2010 Filing 21 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.s Answers and Responses to Plaintiffs First Set of Interrogatories and Requests for Production of Documents (Wallace, Richard)
December 3, 2010 Filing 20 CERTIFICATE OF SERVICE filed by RDD, LLC for Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Worldwide Equipment, Inc. (Morgan, E.)
November 24, 2010 Filing 19 CERTIFICATE OF SERVICE filed by RDD, LLC for Answer to Caterpillar Inc.'s First Set of Interrogatories to Plaintiff and Answer to Caterpillar Inc.'s First Set of Requests for Production of Documents to Plaintiff (Morgan, E.)
October 5, 2010 Filing 18 CERTIFICATE OF SERVICE filed by RDD, LLC for Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Caterpillar, Inc. (Morgan, E.)
October 5, 2010 NOTICE OF DOCKET CORRECTION re: #17 MOTION by RDD, LLC for Discovery. ERRORS: Incorrect document filed and incorrect event selected. CORRECTION: Removed image, counsel filed certificate of service at entry #18 . (skh)
October 4, 2010 Filing 17 INCORRECT ENTRY; SEE ENTRY #18. (Modified on 10/5/2010 to remove image, counsel filed correct document at entry #18) (skh).
September 23, 2010 Filing 16 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s First Set of Requests for Production of Documents to Plaintiff (Wallace, Richard)
September 23, 2010 Filing 15 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s First Set of Interrogatories to Plaintiff (Wallace, Richard)
August 30, 2010 Filing 14 CERTIFICATE OF SERVICE by Worldwide Equipment Inc. for Supplemental Rule 26(a)(1) Disclosures. (King, Andrea) (Modified text to conform to filed document on 8/31/2010) (skh).
August 26, 2010 NOTICE OF DOCKET CORRECTION re: #13 CERTIFICATE OF SERVICE by RDD, LLC for Rule 26(a)(1) Initial Disclosures. ERROR: Disclosures attached. CORRECTION: Removed disclosures and retained certificate of service. (skh)
August 25, 2010 Filing 13 CERTIFICATE OF SERVICE by RDD, LLC for Rule 26(a)(1) Initial Disclosures. (Morgan, E.) (Modified on 8/26/2010 to remove disclosures) (skh).
August 24, 2010 Filing 12 CERTIFICATE OF SERVICE by Worldwide Equipment Inc. for Rule 26(a)(1) Initial Disclosures. (King, Andrea)
August 24, 2010 Filing 11 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Rule 26(a)(1) Initial Disclosures. (Wallace, Richard)
August 23, 2010 Opinion or Order Filing 10 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 9/16/2010. Discovery requests to be completed by 1/18/2011 and all depositions by 3/3/2011. Parties may suggest mediation by 3/31/2011. Expert Witness List by parties bearing the burden of proof due by 1/3/2011, by party not bearing burden of proof due by 2/1/2011, and to solely contradict or rebut evidence due by 2/17/2011. Dispositive Motions except those filed under Rule 12(b) due by 3/23/2011, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting to be held by 5/24/2011. Motions in Limine due by 5/31/2011, with responses due by 6/7/2011. Plaintiff's portion of proposed Pretrial Order to defendants due by 5/30/2011, with proposed integrated pretrial order due by 6/6/2011. Pretrial Conference set for 6/20/2011 02:00 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 7/12/2011. Final Settlement Conference at 10:30 AM on 7/18/2011 in Bluefield. Jury Trial set for 7/19/2011 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Magistrate Judge R. Clarke VanDervort on 8/23/2010. (cc:attys; any unrepresented party) (mjp)
August 13, 2010 Opinion or Order Filing 9 ORDER cancelling Scheduling Conference previously set for 8/16/2010. Signed by Magistrate Judge R. Clarke VanDervort on 8/13/2010. (cc: attys; any unrepresented party) (mjp)
July 28, 2010 Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by Caterpillar, Inc., RDD, LLC, Worldwide Equipment Inc. (Attachment: #1 Exhibit 1 - Worksheet for Report of Parties' Planning Meeting)(Wallace, Richard) (Modified on 7/28/2010 to add additional filers) (skh).
July 7, 2010 Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Worldwide Equipment Inc. (King, Andrea)
June 21, 2010 Opinion or Order Filing 6 ORDER AND NOTICE: Rule 12(b) Motions 7/12/2010. Rule 26(f) Meeting 7/21/2010. Last day to file report of Rule 26(f) Meeting 7/28/2010. Scheduling Conference at 10:00 AM on 8/16/2010 in Bluefield. Entry of Scheduling Order 8/23/2010. Last Day to make Rule 26(a)(1) disclosures 8/25/2010. Signed by Judge David A. Faber on 6/21/2010. (cc:attys; any unrepresented party) (mjp)
June 3, 2010 Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Worldwide Equipment Inc.(King, Andrea) (Modified on 6/3/2010 to add link to #1 notice of removal) (skh).
June 2, 2010 Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with jury demand by Caterpillar, Inc.(Wallace, Richard) (Modified on 6/3/2010 to add link to #1 notice of removal and to add jury demand) (skh).
June 1, 2010 CASE assigned to Judge David A. Faber. (ras)
June 1, 2010 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge VanDervort for discovery. (cc:counsel of record) (mjp)
June 1, 2010 Filing 2 CORPORATE DISCLOSURE STATEMENT by Caterpillar, Inc. (Wallace, Richard)
June 1, 2010 Filing 1 NOTICE OF REMOVAL by Caterpillar, Inc. with summons, complaint, Consent to Removal filed by Worldwide Equipment, Inc. and docket sheet from Circuit Court of McDowell County. Filing Fee $350.00. Receipt #0425-1281373. (Attachment: #1 Civil Cover Sheet) (mjp)

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Search for this case: RDD, LLC v. Caterpillar, Inc., et al
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Defendant: Worldwide Equipment Inc.
Represented By: John R. Fowler
Represented By: Andrea Marano King
Represented By: Anna B. Williams
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Defendant: Caterpillar, Inc.
Represented By: Richard M. Wallace
Represented By: Kelsey K. Black
Represented By: H. Dill Battle, III
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Plaintiff: RDD, LLC
Represented By: E. Ward Morgan
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Not classified by court: Donald B. O'Dell
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