Gibson, Justin v. Sunbelt Rentals, Inc. et al
| Justin T. Gibson |
| Sunbelt Rentals, Inc., JLG Industries, Inc. and Oshkosh Corporation |
| The Travelers Indemnity Company of Connecticut and Anthem Blue Cross Blue Shield |
| 3:2021cv00808 |
| December 23, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
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Filing 31
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 4/15/2022. Dispositive Motions due 3/3/2023. Settlement Letters due 6/20/2023. Motions in Limine due 6/23/2023. Response to Motion due 7/7/2023. Final Pretrial Conference set for 7/19/2023 at 04:00 PM. Jury Selection and Trial set for 7/31/2023 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 2/16/2022. (voc)
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Filing 30
** TEXT ONLY ORDER **By agreement of the affected parties, discovery is stayed solely as to defendant Oshkosh Corporation pending the court's decision on plaintiff's motion to remand. Signed by Magistrate Judge Stephen L. Crocker on 2/15/2022. (kwf)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 2/15/2022 [:20] (cak) |
| Filing 29 Brief in Opposition by Defendants JLG Industries, Inc., Oshkosh Corporation re: #23 Motion to Remand filed by Justin T. Gibson (LaFlamme, Eugene) |
| Filing 28 Preliminary Pretrial Conference Report by Plaintiff Justin T. Gibson. (Bailey, Elizabeth) Modified on 2/11/2022: Not signed by all parties. (lak) |
| Filing 27 Affidavit of Patrick T. Taverna filed by Defendant JLG Industries, Inc. re: Issue being briefed (Attachments: #1 Exhibit Ex A Summons & Complaint-Lanphear) (LaFlamme, Eugene) |
| Filing 26 Affidavit of Eugene M. LaFlamme filed by Defendant JLG Industries, Inc. re: Issue being briefed (Attachments: #1 Exhibit Ex A Anthem Motion to Dismiss - Dane County, #2 Exhibit Ex B Dane County Circuit Court Order dismissing Anthem, #3 Exhibit Ex C Patrick Taverna's Deposition Transcript) (LaFlamme, Eugene) |
| Filing 25 Brief in Reply by Defendant JLG Industries, Inc. in Support of Issue being briefed. Notice of Removal and Motion to Dismiss Oshkosh Corporation (Attachments: #1 Disregard, #2 Disregard) (LaFlamme, Eugene) Modified on 2/1/2022. (lak) |
| Filing 24 Brief in Support of #23 Motion to Remand by Plaintiff Justin T. Gibson. (lak) |
| Filing 23 MOTION TO REMAND by Plaintiff Justin T. Gibson. Brief in Opposition due 2/14/2022. Brief in Reply due 2/24/2022. (Attachments: #1 Text of Proposed Order, #2 Plaintiff's Counsel's Fees and Costs) (lak) |
| Filing 22 Deposition of Patrick Taverna taken on January 7, 2022. (Bailey, Elizabeth) |
| Filing 21 Disregard. Modified on 1/24/2022. (lak) |
| Filing 20 Deposition of Patrick Taverna taken on January 7, 2022. (Bailey, Elizabeth) |
| Filing 19 Brief in Opposition by Plaintiff Justin T. Gibson re: Issue being briefed (Attachments: #1 Text of Proposed Order, #2 Exhibit Oshkosh 2017 Form, #3 Exhibit Oshkosh 2018 Form, #4 Exhibit Oshkosh 2019 Form, #5 Exhibit Oshkosh Corp. et al v. Ditty, et al Complaint, #6 Exhibit Oshkosh Linkedin Page, #7 Exhibit Rob Messina Linkedin Page, #8 Exhibit McNelius trademark information, #9 Exhibit Zenith Ins. Co. v. JLG - Declaration of Citizenship of JLG, #10 Exhibit Wilson Jones Linkedin, #11 Exhibit Q4 Earning transcript, #12 Exhibit Q3 2019 Earning transcript, #13 Exhibit "About JLG" page) (Bailey, Elizabeth) |
| Filing 18 Disregard. Modified on 1/24/2022. (lak) |
| Filing 17 Notice of Appearance filed by Ryan L. Woody for Intervenor Plaintiff The Travelers Indemnity Company of Connecticut. (Woody, Ryan) |
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Filing 16
** TEXT ONLY ORDER **Defendant JLG Industries, Inc. removed this case from state court, relying on diversity as the basis for jurisdiction. On its face, plaintiff's complaint doesn't support diversity jurisdiction because two of the defendants--Oshkosh Corporation and Anthem Blue Cross Blue Shield--are citizens of the same state as plaintiff. But JLG says in its notice of removal that Oshkosh was fraudulently joined and Anthem should be realigned as a plaintiff. As a result, the court construed the notice of removal as a motion to dismiss Oshkosh and to realign Anthem, and the court gave plaintiff a deadline to respond. Dkt. 5 . More than a week later, JLG has filed a request to submit a separate brief in support of the motion at an unspecified later date. Dkt. #14 . But JLG was required to provide the legal and factual basis for jurisdiction in its notice of removal. JLG's notice, which is 11 pages long, sets out the legal basis for its contentions, including case law, and JLG submitted evidence to support its factual allegations. JLG doesn't explain what purpose an additional brief would serve, so its request is denied. The briefing schedule set in the court's December 28 order remains in place. Signed by District Judge James D. Peterson on 1/5/2022. (kwf)
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Filing 15
** TEXT ONLY ORDER **ORDER granting #12 Motion to Admit Elizabeth Anne Bailey Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/5/2022. (lak)
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| Filing 14 Response re: 5 Text Only Order, and Briefing Request by Defendants JLG Industries, Inc., Oshkosh Corporation. (LaFlamme, Eugene) |
| Filing 13 Notice of Appearance filed by Cecilia Heberling for Defendant Sunbelt Rentals, Inc.. (Heberling, Cecilia) |
| Filing 12 Motion to Admit Elizabeth Anne Bailey Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 34690039979.) by Plaintiff Justin T. Gibson. Motions referred to Magistrate Judge Stephen L. Crocker. (Bailey, Elizabeth) Modified on 1/5/2022. (lak) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 2/15/2022 at 1:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (kwf) |
| Filing 11 Corporate Disclosure Statement by Defendant Sunbelt Rentals, Inc.. (Lessner, Justin) |
| Filing 10 ANSWER with Jury Demand by Defendant Sunbelt Rentals, Inc.. (Lessner, Justin) |
| Filing 9 Notice of Appearance filed by Troy Dean Thompson for Defendant Sunbelt Rentals, Inc.. (Thompson, Troy) |
| Filing 8 Corporate Disclosure Statement by Defendant Oshkosh Corporation. (LaFlamme, Eugene) |
| Filing 7 Corporate Disclosure Statement by Defendant JLG Industries, Inc.. (LaFlamme, Eugene) |
| Filing 6 ANSWER by Defendant JLG Industries, Inc.. (LaFlamme, Eugene) |
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Filing 5
** TEXT ONLY ORDER **One of the defendants, JLG Industries, Inc., removed this case from state court, relying on diversity as a basis for jurisdiction. JLG acknowledges in its notice of removal that plaintiff and two of the other defendants are citizens of Wisconsin. But JLG says that defendant Oshkosh Corporation was fraudulently joined and defendant Anthem Blue Cross Blue Shield should be realigned as a plaintiff. Dkt. #1 . The court construes the notice of removal as a motion to dismiss Oshkosh for fraudulent joinder and to realign Anthem. Plaintiff may have until January 25, 2022, to file a response; defendants may have until February 1 to reply. Signed by District Judge James D. Peterson on 12/28/2021. (kwf)
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| Motion to Dismiss Oshkosh for Fraudulent Joinder and to Realign Anthem. (kwf) |
| Filing 4 Notice of Appearance filed by Henry Brook Laskey for Defendant JLG Industries, Inc.. (Laskey, Henry) |
| Filing 3 Affidavit of Patrick T. Taverna re: #1 Notice of Removal. (lak) |
| Filing 2 Affidavit of Eugene M. LaFlamme re: #1 Notice of Removal. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf) |
| Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) |
| Filing 1 NOTICE OF REMOVAL from Dane County Circuit Court, case number 21cv2783. ( Filing fee $ 402 receipt number 0758-2983345), filed by JLG Industries, Inc.. (Attachments: #1 Exhibit 1 - Enotice to Sunbelt Rentals, Inc., #2 Exhibit 2 - Enotice to ABC Insurance Co., #3 Exhibit 3 - Enotice to JLG Industries, Inc., #4 Exhibit 4 - Enotice to DEF Insurance Co., #5 Exhibit 5 - Enotice to Oshkosh Corporation, #6 Exhibit 6 - Enotice to GHI Insurance Co., #7 Exhibit 7 - Enotice to The Travelers Indemnity Co. of CT, #8 Exhibit 8 - Enotice to Anthem Blue Cross Blue Shield, #9 Exhibit 9 - Summons & Complaint, #10 Exhibit 10 - Enotice Status Change for JLG, #11 Exhibit 11 - Notice of Appearance Eugene M. LaFlamme, #12 Exhibit 12 - Enotice Status Change for JLG, #13 Exhibit 13 - Notice of Appearance Rachel M. Paulus, #14 Exhibit 14 - Acceptance of Service JLG Industries, Inc., #15 Exhibit 15 - Admission of Service JLG Industries, Inc., #16 Exhibit 16 - Admission of Service Oshkosh Corporation, #17 Exhibit 17 - Affidavit of Service Anthem Blue Cross, #18 Exhibit 18 - Affidavit of Service Sunbelt Rentals, #19 Exhibit 19 - Acceptance of Service JLG Industries, Inc., #20 Exhibit 20 - Affidavit of Service Travelers Indemnity, #21 Exhibit 21 - Enotice Status Change Travelers, #22 Exhibit 22 - Notice of Retainer R. Woody, #23 Exhibit 23 - Notice of Filing for Removal, #24 Exhibit 24 - Sunbelt Notice of Consent to Removal, #25 Exhibit 25 - Affidavit of Eugene LaFlamme (refiled), #26 Exhibit 26 - Affidavit of Patrick Taverna (refiled), #27 JS-44 Civil Cover Sheet) (LaFlamme, Eugene) Modified on 12/27/2021: Duplicate text and affidavits. (lak) |
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