Federal Insurance Company et al v. Caterpillar, Inc.
| Appalachian Fuels, LLC, MEPCO, Inc. and Federal Insurance Company |
| Caterpillar, Inc. |
| Donald B. O'Dell |
| 2:2007cv00051 |
| January 24, 2007 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T Copenhaver |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 99
AGREED DISMISSAL ORDER directing that the plaintiff's claims against defendant Caterpillar, Inc., are dismissed with prejudice; further directing that this matter be stricken from the Court's docket. Signed by Judge John T. Copenhaver, Jr. on 2/18/2009. (cc: attys) (taq)
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| Filing 98 PROPOSED ORDER Agreed Dismissal Order by Federal Insurance Company, Caterpillar, Inc., Appalachian Fuels, LLC (Warner, Brian) |
| Filing 97 REPORT OF MEDIATION by Donald B. O'Dell. (mkw) |
| Filing 96 NOTICE OF CHANGE OF FIRM INFORMATION by Caterpillar, Inc. advising that the law firm of Gordon Hargrove & James, PA, counsel of record for Defendant Caterpillar, Inc., has merged with and changed its name to Sedgwick, Detert, Moran & Arnold, LLP. (Warner, Brian) (Modified text to conform to filed document on 1/6/2009) (skh). |
| Filing 95 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Defendant Caterpillar Inc.'s Supplemental Expert Disclosure (Warner, Brian) |
| Filing 94 NOTICE of Mediation by Caterpillar, Inc. (Warner, Brian) |
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Filing 93
ORDER: Scheduling order modified as follows: Discovery requests to be completed by 12/10/2008 and all depositions by 1/23/09. Expert Witness List by parties bearing the burden of proof due by 12/10/2008, by party not bearing burden of proof due by 12/10/2008, and to solely contradict or rebut evidence due by 12/17/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 2/13/2009, with Responses due by 2/27/2009 and Replies due by 3/5/2009. Settlement Meeting to be held no later than 4/16/2009. Motions in Limine due 4/23/09, with responses due 4/30/09. Plaintiffs portion of proposed Pretrial Order to defendants due by 4/20/2009, Proposed Integrated Pretrial Order due by 4/27/2009. Pretrial Conference set for 5/6/2009 03:00 PM before Judge John T. Copenhaver, Jr. Proposed Jury Charge due by 5/29/2009. Final Settlement Conference at 11:30 AM on 6/1/2009. Jury Trial set for 6/2/2009 at 09:30 AM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 10/10/2008. (cc: attys) (tmr)
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Filing 92
ORDER granting #91 Parties Joint Motion to Re-Open Discovery, Extend Deadlines and Continue Trial Date; directing that discovery be re-opened for 90 from the date of entry of this Order; the Parties may submit supplemental expert disclosures within 45 days from entry of this Order; the pretrial motion deadlines be correspondingly extended and a new trial date be set. Signed by Judge John T. Copenhaver, Jr. on 9/25/2008. (cc: attys ) (tmr)
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| Filing 91 JOINT MOTION by Caterpillar, Inc., Federal Insurance Company to Re-Open Discovery, Extend Deadlines and Continue Trial Date (Attachments: #1 Proposed Order Granting Federal Insurance Company's and Caterpillar Inc.'s Joint Motion to Re-Open Discovery, Extend Deadlines, and Continue Trial Date)(Warner, Brian) (Modified on 9/19/2008 to add additional filer and to remove duplicate text) (skh). |
| Filing 90 NOTICE TO TAKE CONTINUED DEPOSITION by Caterpillar, Inc. of Ronald E. Parsons on July 28, 2008 at 10:00 a.m. (Warner, Brian) (Modified text to conform to filed document on 7/17/2008) (skh). |
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Filing 89
ORDER: Granting the parties' #87 SECOND JOINT MOTION to modify the court's #35 current schedule, directing that that remaining deadlines in the scheduling order be amended as follows: Mediation and Settlement Meeting to be concluded by 9/11/2008. Motions in Limine due by 9/25/2008, with responses due by 10/2/2008. Plaintiffs' portion of proposed Pretrial Order to defendant due by 9/25/2008, and proposed integrated pretrial order due by 10/2/2008. Pretrial Conference set for 10/17/2008 at 1:30 PM in Charleston. Proposed Jury Charge due by 10/29/2008. Final Settlement Conference at 10:00 AM on 11/3/2008 in Charleston. Jury Trial set for 11/4/2008 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr.. Signed by Judge John T. Copenhaver, Jr. on 6/25/2008. (cc:attys) (taq)
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| Filing 88 NOTICE of Mediation by Caterpillar, Inc. (Warner, Brian) |
| Filing 87 SECOND JOINT MOTION by Federal Insurance Company, Caterpillar, Inc. to Extend Mediation Deadline and Request for Continuance of Trial Date (Attachments: #1 Proposed Order Granting Federal Insurance Company's and Caterpillar Inc.'s Second Joint Motion to Extend Mediation Deadline and Request for Continuance of Trial)(Warner, Brian) (Modified on 6/19/2008 to remove duplicate text) (skh). |
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Filing 86
ORDER GRANTING FEDERAL INSURANCE COMPANY'S AND CATERPILLAR INC.'S JOINT MOTION TO WITHDRAW CERTAIN PENDING DISCOVERY MOTIONS denying as moot, without prejudice to the parties to re-file, defendant's #78 MOTION to Compel and plaintiff's #81 MOTION for Sanctions; granting the #85 JOINT MOTION to Withdraw Certain Pending Discovery Motions. Signed by Magistrate Judge Mary E. Stanley on 6/9/2008. (cc: attys) (taq)
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| Filing 85 JOINT MOTION by Federal Insurance Company, Caterpillar, Inc. to Withdraw Certain Pending Discovery Motions (Warner, Brian) (Modified text to conform to filed document on 6/10/2008) (skh). |
| Filing 84 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s Response to Plaintiff's Third Request for Production (Warner, Brian) |
| Filing 83 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Defendant Caterpillar Inc.'s Answers to Plaintiff's Second Set of Interrogatories (Warner, Brian) |
| Filing 82 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ronald E. Parsons on May 30, 2008 at 8:30 a.m. (Warner, Brian) |
| MOTION REFERRED to Magistrate Judge Mary E. Stanley: #81 MOTION by Federal Insurance Company for Sanctions for Disregarding a Court Order to Compel Production of Various Items. (skh) |
| Filing 81 MOTION by Federal Insurance Company for Sanctions for Disregarding a Court Order to Compel Production of Various Items (Attachments: #1 Proposed Order, #2 Certificate of Service)(Noone, Matthew) (Modified text to conform to filed document on 5/24/2008) (skh). |
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Filing 80
ORDER GRANTING FEDERAL INSURANCE COMPANY'S AND CATERPILLAR, INC.'S JOINT MOTION TO MODIFY THE MEDIATION DEADLINE granting the parties' #77 JOINT MOTION to Modify the Mediation Deadline, extending the deadline to 7/11/2008. Signed by Judge John T. Copenhaver, Jr. on 5/20/2008. (cc: attys) (taq)
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| MOTION REFERRED to Magistrage Judge Mary E. Stanley: #78 MOTION by Caterpillar, Inc. to Compel Plaintiff to Produce a Competent Designee of Appalachian Fuels, LLC for Deposition. (skh) |
| Filing 79 MEMORANDUM by Caterpillar, Inc. in support of #78 MOTION by Caterpillar, Inc. to Compel Plaintiff to Produce a Competent Designee of Appalachian Fuels, LLC for Deposition (Warner, Brian) |
| Filing 78 MOTION by Caterpillar, Inc. to Compel Plaintiff to Produce a Competent Designee of Appalachian Fuels, LLC for Deposition (Warner, Brian) |
| Filing 77 JOINT MOTION by Caterpillar, Inc., Federal Insurance Company to Modify the Mediation Deadline, with proposed order attached. (Warner, Brian) (Modified text to conform to filed document and noted proposed order is attached on 5/20/2008) (skh). |
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Filing 76
ORDER granting plaintiff's #55 MOTION to Compel as to request numbers 1 and 2, and as outlined and set forth herein; and otherwise denying said motion; denying as moot defendant's #65 MOTION to Compel. Signed by Magistrate Judge Mary E. Stanley on 5/7/2008. (cc: attys) (taq)
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| Filing 75 DISCOVERY STATUS CONFERENCE held in chambers by U.S.Magistrate Judge Mary E. Stanley on 5/7/2008. (lmk) |
| Filing 74 NOTICE OF STATUS CONFERENCE notifying the parties that the court will conduct a discovery Status Conference on 5/7/2008 at 09:30 AM in Charleston before Magistrate Judge Mary E. Stanley; Parties may participate by phone or in person. Signed by Magistrate Judge Mary E. Stanley on 5/2/2008. (cc: attys) (mkw) |
| Filing 73 RESPONSE by Caterpillar, Inc. in opposition of #55 MOTION by Federal Insurance Company to Compel Defendant to Answer Plaintiff's Second Request for Production of Documents (Warner, Brian) |
| Filing 72 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ronald E. Parsons on May 7, 2008 at 10:00 a.m. (Warner, Brian) |
| Filing 71 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Richard Hall on April 29, 2008 at 1:30 p.m. (Warner, Brian) |
| Filing 70 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Representative of Appalachian Fuels, LLC on April 29, 2008 at 10:30 a.m. (Warner, Brian) |
| Filing 69 RETURN OF SERVICE ON SUBPOENA for Cecil Walker Machinery. (Attachments: #1 Return of Service)(Steele, Charles) (Modified for clarity and edited description of attachment on 4/23/2008) (skh). |
| NOTICE OF DOCKET CORRECTION re: #68 RETURN OF SERVICE ON SUBPOENA for designated person of Cecil I. Walker Machinery Company. Error: Incomplete image attached. Correction: Removed image, counsel filed entire document at entry #69 . (skh) |
| Filing 68 INCORRECT ENTRY. SEE ENTRY #69. (Steele, Charles) (Modified on 4/23/2008 to remove image, counsel filed entire document at entry #69) (skh). |
| Filing 67 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Caterpillar Inc.'s Response to Plaintiff's Second Request for Production (Warner, Brian) |
| Filing 66 MEMORANDUM by Caterpillar, Inc. in support of #65 MOTION by Caterpillar, Inc. to Compel Plaintiff's Responses to Defendant's Second Set of Interrogatories and Requests for Production of Documents (Warner, Brian) |
| Filing 65 MOTION by Caterpillar, Inc. to Compel Plaintiff's Responses to Defendant's Second Set of Interrogatories and Requests for Production of Documents (Attachments: #1 Exhibit(s) Ex. A - Plaintiff's Answers to Caterpillar Inc.'s Second Set of Interrogatories, #2 Exhibit(s) Ex. B - Plaintiff's Response to Caterpillar Inc.'s Second Request for Production of Documents)(Warner, Brian) |
| Filing 64 RETURN OF SERVICE ON SUBPOENA for C & M Giant Tire. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 63 RETURN OF SERVICE ON SUBPOENA for Mining Machinery, Inc. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 62 RETURN OF SERVICE ON SUBPOENA for Waterloo Coal Co., Inc. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 61 RETURN OF SERVICE ON SUBPOENA for Raleigh Mine & Industrial Supply. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 60 RETURN OF SERVICE ON SUBPOENA for Eldridge Steam Cleaning. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 59 RETURN OF SERVICE ON SUBPOENA for Logan Auto Trim and Glass Shop. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 58 RETURN OF SERVICE ON SUBPOENA for Hayton Glass Company. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| Filing 57 RETURN OF SERVICE ON SUBPOENA for C & M Giant Tire. (taq) (Modified on 4/21/2008 to correctly reflect party served) (skh). |
| NOTICE OF DOCKET CORRECTION re: #56 NOTICE TO TAKE DEPOSITION by Federal Insurance Company of Cecil I. Walker Machinery Co. on April 29, 2008 at 9:00 a.m. Error: Incomplete document attached. Correction: Replaced image with complete notice to take deposition. (skh) |
| Filing 56 NOTICE TO TAKE DEPOSITION by Federal Insurance Company of Cecil I. Walker Machinery Co. on April 29, 2008 at 9:00 a.m. (Steele, Charles) (Modified on 4/16/2008 to attach complete notice to take deposition) (skh). |
| MOTION REFERRED to Magistrate Judge Mary E. Stanley: #55 MOTION by Federal Insurance Company to Compel Defendant to Answer Plaintiff's Second Request for Production of Documents. (skh) |
| Filing 55 MOTION by Federal Insurance Company to Compel Defendant to Answer Plaintiff's Second Request for Production of Documents (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Proposed Order, #4 Certificate of Service)(Noone, Matthew) |
| Filing 54 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Rule 26(a)(2) Expert Testimony Disclosures. (Durst, Paula) |
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Filing 53
ORDER GRANTING JOINT MOTION TO MODIFY THE CURRENT SCHEDULING ORDER granting the #52 JOINT MOTION to modify the current #35 Scheduling Order as follows: Caterpillar, Inc.'s expert disclosure deadline be extended to 4/7/2008 at 10:00 a.m.; plaintiff's rebuttal expert disclosure be extended to 4/22/2008; and the deadline to conclude all depositions be extended to 5/22/2008; all other deadlines in the current Scheduling Order shall remain unchanged. Signed by Judge John T. Copenhaver, Jr. on 4/1/2008. (cc: attys) (taq)
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| Filing 52 JOINT MOTION by Caterpillar, Inc., Federal Insurance Company, Appalachian Fuels, LLC, to Modify #35 Scheduling Order(Attachments: #1 Proposed Order Granting Joint Motion to Modify the Current Scheduling Order)(Warner, Brian) (Modified on 3/29/2008 to add additional filers and to add link to #35 order) (Howie, Susan). |
| Filing 51 STIPULATION EXTENDING TIME for Caterpillar, Inc. to disclose an expert witness to 10:00 a.m. on April 7, 2008 by Caterpillar, Inc., Federal Insurance Company (Warner, Brian) (Modified for clarity and to add additional filer on 3/27/2008) (skh). |
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Filing 50
AGREED PARTIAL DISMISSAL ORDER directing that the plaintiff's claims brought in its capacity as subrogee of MEPCO, Inc. against defendant are dismissed with prejudice; and defendant is relieved of any further legal obligations in these proceedings as concerns plaintiff's claims in its capacity as subrogee of MEPCO, Inc.; this civil action shall remain pending as to plaintiff's claims in its capacity as subrogee of Appalachian Fuels, LLC against defendant. Signed by Judge John T. Copenhaver, Jr. on 3/25/2008. (cc: attys) (taq)
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| Filing 49 PROPOSED ORDER Agreed Partial Dismissal Order dismissing plaintiffs' claims as subrogee of MEPCO, Inc. by Caterpillar, Inc., Federal Insurance Company, MEPCO, Inc., Appalachian Fuels, LLC (Warner, Brian) (Modified on 3/24/2008 to add additional filers) (skh). |
| Filing 48 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Defendant Caterpillar Inc.'s Third Set of Requests for Production of Documents to Plaintiff (Warner, Brian) (Modified for clarity on 3/24/2008) (skh). |
| Filing 47 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Ronald E. Parsons on April 8, 2008 at 10:00 a.m. (Warner, Brian) |
| Filing 46 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Richard Hall on April 11, 2008 at 10:00 a.m. (Warner, Brian) |
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Filing 45
ORDER the court construes Plaintiff's counsel's letter submitted to the court on 03/11/08 as a motion to withdraw Plaintiff's Motion to Compel Discovery and requests that the Clerk docket it as such; granting Plaintiff Federal Insurance Company's #44 LETTER-FORM MOTION to Withdraw Plaintiff's Motion to Compel Discovery; further denying without prejudice said plaintiff's #36 MOTION to Compel Discovery and the hearing on this matter is cancelled. Signed by Magistrate Judge Mary E. Stanley on 3/12/2008. (cc: attys) (mkw)
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| Filing 44 LETTER-FORM MOTION by Federal Insurance Company to Withdraw its #36 MOTION to Compel Defendant to Produce Documents; Motion referred to Magistrate Judge Mary E. Stanley. (mkw) |
| Filing 43 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Defendant Caterpillar Inc.'s Second Set of Requests for Production of Documents (Warner, Brian) |
| Filing 42 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Defendant Caterpillar Inc.'s Second Set of Interrogatories to Plaintiff (Warner, Brian) |
| Filing 41 REPLY by Federal Insurance Company to #37 Response In Opposition. (Attachments: #1 Certificate of Service) (Noone, Matthew) (Modified on 3/1/2008 to remove link to #38 objection) (skh). |
| Filing 40 NOTICE OF HEARING re: #36 MOTION by Federal Insurance Company to Compel Discovery; the parties are NOTIFIED that the court will conduct a hearing on the pending Motion on 3/11/2008 at 10:30 AM in Charleston. Signed by Magistrate Judge Mary E. Stanley on 2/25/2008. (cc: attys) (taq) |
| Filing 39 STIPULATION EXTENDING TIME to file reply re: #37 Response In Opposition to March 3, 2008 by Federal Insurance Company, Caterpillar, Inc. (Attachments: #1 Certificate of Service)(Noone, Matthew) (Modified for clarity, to add link to #37 response, to remove link to #38 objection and to add additional filer on 2/15/2008) (Howie, Susan). |
| Filing 38 OBJECTION by Caterpillar, Inc. to Federal Insurance Company's Notice of 30(b)(6) Deposition (Attachments: #1 Exhibit A-Notice of 30(b)(6) Deposition, #2 Exhibit B-Defendant Caterpillar Inc.'s Response to Plaintiff's Motion to Compel Discovery)(Warner, Brian) (Modified title of entry and for clarity, removed link to #35 motion and added description to attachments on 2/11/2008) (Howie, Susan). |
| Filing 37 RESPONSE by Caterpillar, Inc. in opposition of #36 MOTION by Federal Insurance Company to Compel Defendant to Produce Documents (Warner, Brian) |
| Filing 36 MOTION by Federal Insurance Company to Compel Defendant to Produce Documents (Attachments: #1 Exhibit(s) Plaintiff's Interrogatories and Request for Production of Documents, #2 Exhibit(s) Defendant's Response, #3 Proposed Order, #4 Certificate of Service)(Noone, Matthew) |
| MOTION REFERRED to Magistrate Mary E. Stanley: #36 MOTION by Federal Insurance Company to Compel Defendant to Produce Documents. (skh) |
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Filing 35
ORDER: Pursuant to the parties' #34 JOINT MOTION to modify the court's current scheduling order, granting a two-month extension, directing that the #14 scheduling order is amended as follows: Discovery requests to be completed by 3/21/2008; and all depositions by 5/9/2008. Expert Witness List by parties bearing the burden of proof due by 2/15/2008, by party not bearing burden of proof due by 4/1/2008, and to solely contradict or rebut evidence due by 4/15/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 5/27/2008, with Responses due by 6/10/2008, and Replies due by 6/20/2008. Any mediation concluded by 5/27/2008. Settlement Meeting to be held by 7/22/2008. Motions in Limine to be filed by 8/4/2008, with responses due by 8/11/2008. Plaintiffs' portion of proposed Pretrial Order to defendants due by 8/4/2008, and proposed integrated pretrial order due by 8/11/2008. Pretrial Conference set for 8/22/2008 at 1:30 PM in Charleston. Proposed Jury Charge due by 9/10/2008. Final Settlement Conference at 10:00 AM on 9/15/2008 in Charleston. Jury Trial set for 9/16/2008 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 12/14/2007. (cc: attys) (taq)
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| Filing 34 JOINT MOTION by Federal Insurance Company, Caterpillar, Inc. to Modify #14 Magistrate Judge Stanley's Scheduling Order. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Noone, Matthew) (Modified on 12/12/2007 to add additional filer) (skh). |
| Filing 33 STIPULATION EXTENDING TIME for defendant to respond to Federal Insurance Company's outstanding discovery requests to November 9, 2007 by Caterpillar, Inc., Federal Insurance Company (Warner, Brian) (Modified for clarification and to add additional filer on 10/23/2007) (Howie, Susan). |
| Filing 32 RETURN OF SERVICE ON SUBPOENA for Charles Harrison. (Warner, Brian) |
| Filing 31 RETURN OF SERVICE ON SUBPOENA for Leonard Lucas. (Warner, Brian) |
| Filing 30 RETURN OF SERVICE ON SUBPOENA for Charles Wallace. (Warner, Brian) |
| Filing 29 RETURN OF SERVICE ON SUBPOENA for James Hannah. (Warner, Brian) |
| Filing 28 RETURN OF SERVICE ON SUBPOENA for Burl Penix. (Warner, Brian) |
| Filing 27 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of James Hannah on October 12, 2007 at 2:30 p.m. (Warner, Brian) |
| Filing 26 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Leonard Lucas on October 12, 2007 at 10:30 a.m. (Warner, Brian) |
| Filing 25 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Charles Harrison on October 12, 2007 at 9:30 a.m. (Warner, Brian) |
| Filing 24 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Burl Penix on October 12, 2007 at 1:30 p.m. (Warner, Brian) |
| Filing 23 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Charles Wallace on October 12, 2007 at 11:30 a.m. (Warner, Brian) |
| Filing 22 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Chuck Van Horn on September 21, 2007 at 11:00 a.m. (Warner, Brian) |
| Filing 21 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of George Charnoplosky on September 21, 2007 at 10:00 a.m. (Warner, Brian) |
| Filing 20 NOTICE TO TAKE DEPOSITION by Caterpillar, Inc. of Lanis Davis on September 21, 2007 at 9:00 a.m. (Warner, Brian) |
| Filing 19 CERTIFICATE OF SERVICE filed by Caterpillar, Inc. for Certificate of Service for Caterpillar's First Set of Interrogatories to Plaintiff and Caterpillar Inc.'s First Set of Requests for Production of Documents to Plaintiff (Warner, Brian) |
| NOTICE OF DOCKET CORRECTION re: #16 CERTIFICATE OF SERVICE by Appalachian Fuels, LLC for Rule 26(a)(1) Initial Disclosures. Error: Disclosures attached. Correction: Removed image, counsel filed correct document, certificate of service, as entry #18. (skh) |
| NOTICE OF DOCKET CORRECTION re: #15 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Rule 26(a)(1) Initial Disclosures. Error: Disclosures attached. Correction: Removed disclosures and retained certificate of service only. (skh) |
| Filing 18 CERTIFICATE OF SERVICE by Appalachian Fuels, LLC for Rule 26(a)(1) Initial Disclosures. (Steele, Charles) |
| Filing 17 CERTIFICATE OF SERVICE by MEPCO, Inc. for Rule 26(a)(1) Initial Disclosures. (Steele, Charles) |
| Filing 16 CERTIFICATE OF SERVICE by Appalachian Fuels, LLC for Rule 26(a)(1) Initial Disclosures. (Steele, Charles) (Modified on 5/24/2007 to remove image, counsel filed correct document as entry #18) (Howie, Susan). |
| Filing 15 CERTIFICATE OF SERVICE by Caterpillar, Inc. for Rule 26(a)(1) Initial Disclosures. (Warner, Brian) (Modified on 5/24/2007 to remove disclosures and retain certificate of service) (Howie, Susan). |
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Filing 14
ORDER: The scheduling conference set for 5/16/07 is cancelled, directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 7/31/2007. Discovery completed by 1/22/2008; and all depositions completed by 3/7/2008. Expert Witness List by parties bearing the burden of proof due by 12/15/2007, by party not bearing burden of proof due by 1/31/2008, and to solely contradict or rebut evidence due by 2/15/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 3/27/2008, with responses to be filed by 4/10/2008, and replies to be filed by 4/21/2008. Mediation to be concluded by 3/27/2008. Settlement Meeting to be held by 5/28/2008. Motions in Limine due by 6/4/2008, and responses due by 6/11/2008. Plaintiff's portion of proposed Pretrial Order to defendants due by 6/2/2008, and Proposed integrated pretrial order due by 6/9/2008. Pretrial Conference set for 6/20/2008 at 02:00 PM in Charleston. Proposed Jury Charge due by 7/11/2008. Final Settlement Conference at 10:00 AM on 7/14/2008 in Charleston. Jury Trial set for 7/15/2008 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Magistrate Judge Mary E. Stanley on 5/10/2007. (cc: attys) (taq)
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| Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Caterpillar, Inc., Federal Insurance Company, as subrogee of MEPCO, Inc., Appalachian Fuels, LLC. (Durst, Paula) (Modified on 4/30/2007 to add additional filers) (Howie, Susan). |
| Filing 12 STATEMENT OF VISITING ATTORNEY from Kenneth W. Waterway on behalf of Caterpillar, Inc.. Local counsel: H. Dill Battle III. Fee $50.00. Receipt # 516551. (Warner, Brian) |
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Filing 11
ORDER AND NOTICE: Rule 12(b) Motions 4/11/2007. Rule 26(f) Meeting 4/23/2007. Last day to file report of Rule 26(f) Meeting 4/30/2007. Scheduling Conference at 02:30 PM on 5/16/2007 in Charleston before Mag. Judge Mary E. Stanley. Entry of Scheduling Order 5/23/2007. Last Day to make Rule 26(a)(1) disclosures 5/23/2007. Signed by Judge John T. Copenhaver, Jr. on 3/22/2007. (cc: attys; any unrepresented parties) (mkw)
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| Filing 10 ANSWER TO COMPLAINT with Jury Demand by Caterpillar, Inc..(Durst, Paula) |
| Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for Caterpillar, Inc. Caterpillar, Inc. served on 2/12/2007, answer due 3/5/2007. Summons served on Tinki Demmin, Asst-Secretary (Corporate). (mls) Modified on 3/22/2007 (Howie, Susan). |
| Filing 8 STATEMENT OF VISITING ATTORNEY from Matthew F. Noone on behalf of Federal Insurance Company, as subrogee of MEPCO, Inc. and Appalachian Fuels, LLC and Designation of Local counsel: Charles R. Steele (Attachments #1 Proposed Order) (taq) |
| Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Caterpillar, Inc. (Battle, H.) |
| Filing 6 STIPULATION by Plaintiff Federal Insurance Company and Defendant Caterpillar, Inc. EXTENDING TIME for Defendant to Answer #1 Complaint to 03/20/07.(Battle, H.) Modified on 3/6/2007 to include plaintiff as filer of this joint document(Proctor, Rebecca). |
| CASE assigned to Judge John T. Copenhaver, Jr. (ras) |
| Filing 5 SUMMONS ISSUED by the Clerk on behalf of Federal Insurance Company, MEPCO, Inc., Appalachian Fuels, LLC for Caterpillar, Inc., re: #1 Complaint, returnable 20 days. Original Summons and 2 copies returned to plaintiffs' counsel for service. (taq) |
| Filing 4 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 Stanley for discovery. (cc:attys; any unrepresented party) (taq) |
| Filing 3 SUMMONS SUBMITTED by Federal Insurance Company, MEPCO, Inc., Appalachian Fuels, LLC for Caterpillar, Inc. (taq) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Federal Insurance Company. (taq) |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 19936. (Attachment: #1 Civil Cover Sheet) (taq) |
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