A.T.V. Voyager v. Hitachi Construction, et al
Defendant: Hitachi Construction Machinery (America) Corporation and Rudd Equipment Company, Inc.
Counter Defendant: A.T.V. Voyager
Case Number: 5:2000cv01195
Filed: December 18, 2000
Court: US District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 17, 2002. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2002 Filing 74 AGREED JUDGMENT: dismissing with prejudice A.T.V.'s Complaint against Rudd, with A.T.V. and Rudd each paying its respective costs; entering Judgment in favor of Rudd against A.T.V. on Rudd's Counterclaim in the judgment amount of $200,000, plus interest at the rate of 10% per annum from 5/1/02 until paid in full; prohibiting Rudd from attempting to issue execution on, or otherwise enforce this Agreed Judgment as long as A.T.V. complies with the terms and obligations of the Settlement Agreement entered into between A.T.V. and Rudd, which Settlement Agreement is incorporated herein by reference. ( signed by Judge David Faber ) (cc: attys) (slr)
July 17, 2002 Opinion or Order Filing 73 CORRECTED ORDER granting [72-1] Motion to Correct Order; correcting this Court's order entered 7/5/02 to read as follows: "ORDER OF PARTIAL DISMISSAL Before the court is an agreed motion for dismissal of this action with prejudice submitted by the Plaintiff, A.T.V. Voyager and Defendant, Hitachi Construction Machinery (America) Corporation (doc. #70). The motion is GRANTED. Accordingly, Plaintiff's complaint against Defendant, Hitachi Construction Machinery (America) Corporation is DISMISSED WITH PREJUDICE. This court shall retain jurisdiction over this case with regard to the claims between Plaintiff, A.T.V. Voyager and Defendant, Rudd Equipment Company, Inc." ( signed by Judge David Faber ) (cc: attys) (slr)
July 15, 2002 Filing 72 AGREED MOTION by A.T.V. Voyager and Rudd Equipment Co. to Correct Order (slr)
July 5, 2002 Opinion or Order Filing 71 ORDER granting [70-1] joint motion for Dismissal With Prejudice ( signed by Judge David Faber ) (cc: attys) (cds)
July 1, 2002 Filing 70 AGREED MOTION by A.T.V. Voyager and Hitachi Construction Machinery (America) Corporation for Dismissal With Prejudice (slr)
June 7, 2002 Opinion or Order Filing 69 ORDER: The Court has been advised of the pending settlement of this action by representation of counsel; accordingly, the remaining requirements of the TFO which have not yet passed are hereby continued until further Order of the Court this action is retired from the active docket; the parties may, within 30 days, submit an agreed order of dismissal; otherwise, dismissal will be without prejudice; the Court may reinstate this action to the active docket for good cause shown in writing and filed with the Clerk within said 30 days. (signed by Judge David Faber) (cc:attys) (slr)
June 7, 2002 CASE CLOSED (slr)
May 31, 2002 Filing 67 AMENDED NOTICE by A.T.V. Voyager TO TAKE RULE 30(b)(7) DEPOSITION of Rudd Equipment Company, Inc. on 6/12/02 at 9:30 a.m. (slr)
May 30, 2002 Filing 66 CERTIFICATE OF SERVICE by Rudd Equipment Co. for Rudd Equipment Co.'s Expert Witness Disclosure (slr)
May 29, 2002 Filing 65 CERTIFICATE OF SERVICE by Hitachi Construction for Defendant's Expert Witness Disclosure. (rle)
May 28, 2002 Filing 68 NOTICE by A.T.V. Voyager TO TAKE RULE 30(b)(7) DEPOSITION of Rudd Equipment Company, Inc. on 6/14/02 at 9:30 (rle)
May 24, 2002 Filing 64 STIPULATION by defendant Hitachi Construction and plaintiff A.T.V. Voyager agreeing that Deft. HCMA may serve the expert report of Roger Griffith by 6/14/02; Pltf. Voyager may schedule the deposition of Robert Griffith past the Court's current 7/15/02 discovery deadline. (slr)
May 16, 2002 Filing 63 CERTIFICATE OF SERVICE by Hitachi Construction Machinery (America) Corporation for First Amended Notice of Deposition of Michael Castle with Subpoena Duces Tecum (slr)
May 14, 2002 Filing 62 CERTIFICATE OF SERVICE by Hitachi Construction for Defendant's Third Request for Production of Documents to Plaintiff Voyager. (rle)
May 13, 2002 Filing 61 CERTIFICATE OF SERVICE by Hitachi Construction Machinery (America) for Notice of Deposition of Michael Castle with Subpoena Duces Tecum (slr)
April 29, 2002 Filing 60 STIPULATION by plaintiff A.T.V. Voyager, defendant Hitachi Construction: that Plaintiff ATV Voyager is granted an extension of time until 4/26/02 to respond to Defendant HCMA's Second Request for Production of Documents; that defendants HCMA and Rudd Equipment Company, Inc. are granted an extension of time in which to file their expert witness disclosures up to and including 5/27/02. (rle)
April 29, 2002 Filing 59 CERTIFICATE OF SERVICE by A.T.V. Voyager for Plaintiff's Response to Defendant, HCMA's Second Request for Production of Documents to Plaintiff Voyager. (rle)
April 16, 2002 Filing 58 REPLY by Hitachi Construction Machinery Corporation to Response to [50-1] Motion for Summary Judgment by Hitachi Construction Machinery Corporation (slr)
April 15, 2002 Filing 57 CERTIFICATE OF SERVICE by Hitachi Construction for HCMA's Responses, Answers, and Objections to Plaintiff A.T.V. Voyager's Second Set of Interrogatories and Request for Production of Documents. (rle)
April 10, 2002 Filing 56 REVISED NOTICE by Rudd Equipment Co. TO TAKE DEPOSITION of Philip D. Redenbarger on 4/16/02 at 11:00 a.m. (slr)
April 8, 2002 Opinion or Order Filing 55 ORDER: denying as moot defendant Hitachi Construction Machinery's [45-1] motion for Leave to File Amended Answer; plaintiff and Hitachi filed a stipulation to permit Hitachi to file an amended answer on 2/5/02. ( signed by Judge David Faber ) (cc: attys) (rle)
April 5, 2002 Filing 54 NOTICE by Rudd Equipment Co. TO TAKE DEPOSITION of Philip D. Redenbarger on 4/16/02 at 11:00 a.m. (slr)
April 5, 2002 Filing 53 RESPONSE by A.T.V. Voyager in opposition to Defendant Hitachi's [50-1] Motion for Summary Judgment (rle)
March 29, 2002 Filing 52 STIPULATION granting Plaintiff ATV Voyager an extension of time until 4/15/02, to respond to Deft. Hitachi Construction Machinery (America) Corporation's Second Request for Production of Documents; granting Defts. Hitachi Construction Machinery (America) Corporation and Rudd Equipment Co, Inc. a 15 day extension of time (until 5/15/02) in which to file their expert witness disclosures in this matter. (slr)
March 19, 2002 Filing 51 MEMORANDUM by Hitachi Construction in support of [50-1] First Amended Motion for Summary Judgment by Hitachi Construction (cds)
March 19, 2002 Filing 50 FIRST AMENDED MOTION by Hitachi Construction for Summary Judgment (cds)
March 12, 2002 Filing 49 CERTIFICATE OF SERVICE by A.T.V. Voyager for Plaintiff A.T.V. Voyager's Second Set of Interrogatories and Request for Production of Documents to Defendant, Hitachi Machinery (America) Corporation (slr)
March 4, 2002 Filing 48 CERTIFICATE OF SERVICE by Hitachi Construction Machinery (America) for Defendant's Second Request for Production of Documents to Plaintiff Voyager. (rle)
February 8, 2002 Opinion or Order Filing 47 ORDER granting [38-1] Motion to Admit Attorney Glen Shu Pro Hac Vice, and admitting Glen Shu to practice before this court as a visiting attorney in this matter. ( signed by Judge David Faber ) (cc: attys) (slr)
February 5, 2002 Filing 46 STIPULATION by plaintiff A.T.V. Voyager and defendant Hitachi Construction TO PERMIT HCMA TO FILE AMENDED ANSWER AND WITHDRAWING HCMA'S PENDING MOTION FOR SUMMARY JUDGMENT: parties stipulate and agree that Deft. HCMA's First Amended Answer shall be deemed filed as of 1/22/02, and HCMA shall not be required to re-file or serve its first amended original answer unless the Court instructs otherwise; HCMA withdraws its pending Mtn. for S/J; HCMA intends to file an amended Mtn. for S/J no sooner than 2/15/02. (slr) Modified on 02/07/2002
January 23, 2002 Filing 45 MOTION by Hitachi Construction for Leave to File Amended Answer (slr)
January 23, 2002 Filing 44 MEMORANDUM by Hitachi Construction in Support of [43-1] Motion for Summary Judgment by Hitachi Construction (slr)
January 23, 2002 Filing 43 MOTION by Hitachi Construction for Summary Judgment (slr)
January 23, 2002 Filing 42 NOTICE of Attorney Appearance for Rudd Equipment Co. by Thomas W. Frentz (slr)
January 23, 2002 Filing 41 ENTRY of Attorney Appearance for Rudd Equipment Co. by David J. Kellerman (slr)
January 18, 2002 Filing 40 CERTIFICATE OF SERVICE by Hitachi Construction of Defendant HCMA's Responses, Answers and Objections to Plalintiff ATV Voyager's First Set of Interrogatories and Request for Production of Documents (cds)
January 18, 2002 Filing 39 NOTICE of Attorney Appearance for Hitachi Construction by Glen Shu (slr)
January 18, 2002 Filing 38 MOTION by Hitachi Construction to Admit Attorney Glen Shu Pro Hac Vice (slr)
January 15, 2002 Filing 37 CERTIFICATE OF SERVICE by Rudd Equipment Co. for Rudd Equipment Company's Response to Plaintiff A.T.V. Voyager's First Set of Interrogatories and Request for Production of Documents (slr)
January 11, 2002 Filing 36 STANDING ORDER IN RE: REFERRAL OF CIVIL ACTION MATTERS TO MAGISTRATE JUDGES ENTERED DECEMBER 28, 2001, NUNC PRO TUNC DECEMBER 26, 2001: Pursuant to 28 USC 636, certain types of civil actions and certain types of motions in civil cases shall be referred to the divisions as follows: For Beckley and Bluefield, to Magistrate Judge R. Clarke VanDervort; for Charleston and Parkersburg, to Magistrate Judge Mary E. Stanley; for Huntington, to Magistrate Judge Maurice G. Taylor, Jr.; the types of motions referred in all civil actions are: (1) applications to proceed in forma pauperis; (2) discovery disputes; and (3) discovery issues that arise post-judgment, such as interrogatories in aid of execution, judgment debtor examinations, and motions to compel answers to suggestions; the types of civil actions referred for total pretrial management and/or proposed findings of fact and recommendations for disposition are: (1) Actions for judicial review of an administrative determination under the Social Security Act, including applications for award of attorneys' fees and expenses under the Social Security Act or the Equal Access to Justice Act; and (2) Actions filed by persons proceeding pro se, whether in custody or not, until such person is represented by counsel; this order supersedes prior standing orders and referral orders in pending cases, but prior rulings made thereunder remain the law of the particular case. THIS CASE REFERRED TO Magistrate Judge R. Clarke VanDervort . (cc: attys; any unrepresented party) (cds) Modified on 01/23/2002
December 21, 2001 Opinion or Order Filing 35 ORDER, Discovery 6/15/02 Expt Wit by party bearing the burden of proof 4/16/02 due by party not bearing burden of proof by 4/30/02 Sum Jgmt and Disp Motions except 12(b) due by 6/25/02 Settlement meeting no later than 6/17/02 Integrated proposed Pretrial Order by 7/3/02 Pretrial Conference 2:30 7/8/02 in Beckley Proposed Jury Charge due by 7/18/02 Final Settlement Conference 10:30 7/22/02 in Beckley Trial 9:30 7/23/02 in Beckley . ( signed by Judge David Faber ) (cc: attys) (rle)
December 18, 2001 Filing 34 NOTICE by Rudd Equipment Co. TO TAKE DEPOSITION of Roger Hurley on 1/30/02 at 10:00 (cds)
December 18, 2001 Filing 33 NOTICE by Rudd Equipment Co. TO TAKE DEPOSITION of Eddie Hurley on 1/29/02 at 10:00 (cds)
December 11, 2001 Filing 32 CERTIFICATE OF SERVICE by A.T.V. Voyager for First Set of Interrogatories and Request for Production of Documents to Defendant, Hitachi Construction Machinery (America) Corporation and Plaintiff A.T.V. Voyager's First Set of Interrogatories and Request for Production of Documents to Defendant, Rudd Equipment Company, Inc. (slr)
November 16, 2001 Filing 31 EXPERT WITNESS DISCLOSURE by A.T.V. Voyager (slr)
November 9, 2001 Opinion or Order Filing 30 ORDER granting [28-1] Motion for Extension of Time to File Expert Witness Disclosures ( signed by Magistrate Judge Mary S. Feinberg ) (cc: attys) (slr)
October 30, 2001 Filing 29 STIPULATION by plaintiff A.T.V. Voyager, defendant Hitachi Construction, and defendant Rudd Equipment Co. agreeing that the deadline to disclose expert witnesses set forth in the Scheduling Order entered 3/23/01 is extended as follows: The party bearing the burden of proof on an issue shall make the disclosures of information required by Rule 26(a)(2)(A) and (B) for that issue to all other parties or their counsel by 11/15/01; The party not bearing the burden of proff of an issue shall make the disclosures required by Rule 26(a)(2)(A) and (B) for that issue to all other parties or their counsel by 1/3/02. (slr)
October 29, 2001 Filing 28 MOTION by A.T.V. Voyager for Extension of Time to File Expert Witness Disclosures (rle)
September 20, 2001 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER: denying Rudd's [8-1] motion to Dismiss the Complaint; neither party is precluded by this Memorandum Opinion and Order from offering a motion for summary judgment at such time as the factual and legal picture has been clearly developed enough to warrant such a motion. ( signed by Judge David Faber ) (cc: attys) (rle)
July 6, 2001 Filing 26 CERTIFICATE OF SERVICE by A.T.V. Voyager for Plaintiff A.T.V. Voyager's Supplemental Responses to Defendant Hitachi Construction Machinery's First Request for Production of Documents (slr)
June 5, 2001 Filing 25 CERTIFICATE OF SERVICE by A.T.V. Voyager of Plaintiff A.T.V. Voyager's Responses to Deft. Hitachi Construction Machinery Corporation's First Set of Written Interroatories to Pltf. (cds)
June 5, 2001 Filing 24 CERTIFICATE OF SERVICE by A.T.V. Voyager of Plaintiff A.T.V. Voyager's Responses to Deft. Hitachi Construction Machinery Corporation's Request for Production of Documents (cds)
May 30, 2001 Filing 23 CERTIFICATE OF SERVICE of A.T.V. Voyager's Responses to Deft. Hitachi Construction Machinery Corporation's First Set of Requests for Admissions to Pltf. (cds)
May 7, 2001 Filing 22 CERTIFICATE OF SERVICE of Discovery Material by Hitachi Construction (rle)
April 12, 2001 Filing 21 RULE 26(a)(1) DISCLOSURES by Defendant Rudd Equipment Co. (slr)
March 30, 2001 Filing 20 RULE 26(a)(1) DISCLOSURES by A.T.V. Voyager (slr)
March 29, 2001 Filing 19 CERTIFICATE OF SERVICE OF DISCOVERY MATERIALS by Hitachi Construction for Initial Disclosures Pursuant to F.R.C.P. 26(a) (slr)
March 23, 2001 Opinion or Order Filing 18 SCHEDULING ORDER: and pursuant to Rule 16(b), FRCivP and LRCivP 2.01(e), this case shall proceed as follows: Joining of Parties, amended pleadings by 7/31/01; Discovery 2/28/02; Expt Wit by party bearing the burden of proof 10/30/01; due by party not bearing burden of proof by 12/17/01; Sum Jgmt and Disp Motions except 12(b) due by 2/28/02; Settlement meeting no later than 2/18/02; Integrated proposed Pretrial Order by 3/1/02; Pretrial Conference 2:00 3/11/02; Proposed Jury Charge due by 3/20/02; Final Settlement Conference 10:00 3/25/02; Trial 9:30 3/26/02 ( signed by Magistrate Judge Mary S. Feinberg )(cc: attys). (cds)
March 23, 2001 LOCAL RULES OF MAGISTRATE JUDGE PROCEDURE NO 2.03 - DISCOVERY MATTERS: Nondispositive discovery and pretrial motions relating to discovery practice are referred to magistrate judges in the divisions in which they are filed, with review of magistrate judges' decisions as provided for in FRCivP 72(a). REFERRED TO Magistrate Judge Mary S. Feinberg . (cds)
March 15, 2001 Filing 17 REPLY by Rudd Equipment Co. to Plaintiff's Memorandum in Opposition to Rudd Equipment Company's [8-1] motion to Dismiss (rle)
March 9, 2001 Opinion or Order Filing 16 ORDER: The Court has received, reviewed and approved the Report of the Meeting of Parties pursuant to F.R.Civ.P 26(f) and L.R.CIV.P. 2.01(b); accordingly, the scheduling conference previously set 3/20/01 at 10:00 a.m., is canceled. (signed by Magistrate Judge Mary S. Feinberg) (cc:attys) (slr)
March 5, 2001 Filing 15 MEMORANDUM by A.T.V. Voyager in opposition to [8-1] motion to Dismiss the Complaint by Rudd Equipment Co. (rle)
March 2, 2001 Opinion or Order Filing 14 ORDER: granting [12-1] motion to Admit Attorneys Lindsay L. Lambert, Lisa H. Pennington Pro Hac Vice ( signed by Judge David Faber ) (cc: attys) (rle)
March 2, 2001 Filing 13 REPORT of Parties' Planning Meeting by A.T.V. Voyager, Hitachi Construction, and Rudd Equipment Co. (slr)
March 1, 2001 Filing 12 MOTION by Hitachi Construction to Admit Attorneys Lindsay L. Lambert, Lisa H. Pennington Pro Hac Vice (rle)
February 28, 2001 Filing 11 SUMMONS RETURNED EXECUTED by Secretary of State for Hitachi Construction. Accepted 12/19/00. Green return receipt card signed on 12/27/00 by A. Williams. Answer due on 1/16/01 for Hitachi Construction. (slr)
February 21, 2001 Filing 10 NOTICE of Attorney Appearance for Hitachi Construction, Rudd Equipment Co. by William R. Wooton, Roslyn C. Payne (rle)
February 16, 2001 Filing 9 MEMORANDUM by Rudd Equipment Co. in support of [8-1] motion to Dismiss the Complaint (rle)
February 16, 2001 Filing 8 MOTION by Rudd Equipment Co. to Dismiss the Complaint (rle)
February 12, 2001 Filing 7 ANSWER by A.T.V. Voyager to [4-2] Counterclaim by Defendant Rudd Equipment Company, Inc. (slr)
January 26, 2001 Opinion or Order Filing 6 ORDER AND NOTICE: Rule 12(b) motions w/supporting briefs 2/16/01; Last day for Rule 26(f) meeting 2/26/01; Last day to file Rule 26(f) meeting report 3/5/01; Scheduling Conference with the Court 10:00 3/20/01 in Beckley; Entry of Scheduling Order due by 3/27/01; Last day to make Rule 26(a)(1) disclosures 3/29/01. ( signed by Judge David Faber )(cc:attys). (rle)
January 22, 2001 Filing 5 ANSWER to Complaint by Hitachi Construction Machinery (America) Corporation (Attorney Lisa H. Pennington) (slr)
January 19, 2001 Filing 4 ANSWER to Complaint and COUNTERCLAIM by Rudd Equipment Co. (Attorneys David J. Kellerman, Thomas W. Frentz) against A.T.V. Voyager (rle)
January 11, 2001 Filing 3 ENTRY OF APPEARANCE for Rudd Equipment Co. by Robert R. Waters (rle)
December 21, 2000 Filing 2 LEGAL NOTICE: SUMMONS RETURNED EXECUTED by Secretary of State for Rudd Equipment Co. Accepted service 12/19/00. Answer due on 1/8/01 for Rudd Equipment Co. (rle)
December 18, 2000 CASE assigned to Judge David Faber (ras)
December 18, 2000 Filing 1 COMPLAINT Filing Fee $ 150.00 Receipt # 7776 (slr)
December 18, 2000 SUMMONS(ES) issued, original plus 1 copies for Steven F. Zagar, President, Rudd Equipment Co. Returnable days: 20 (slr)

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Search for this case: A.T.V. Voyager v. Hitachi Construction, et al
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Counter defendant: A.T.V. Voyager
Represented By: Jennifer S. Fahey
Represented By: Brian A. Glasser
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Defendant: Hitachi Construction Machinery (America) Corporation
Represented By: Roslyn C. Payne
Represented By: Lisa H. Pennington
Represented By: Glen Shu
Represented By: Lindsay L. Lambert
Represented By: William R. Wooton
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Defendant: Rudd Equipment Company, Inc.
Represented By: Robert R. Waters
Represented By: David J. Kellerman
Represented By: Thomas W. Frentz
Represented By: William R. Wooton
Represented By: Roslyn C. Payne
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