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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 394 |
Filed: 9/20/2016, Entered: None |
Unknown Document Type |
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AMENDED ORDER re 393 ORDER STAYING AND ADMINISTMTIVELY CLOSING CASE. Motions terminated: 387 Unopposed MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar, 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RE COMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil, 357 MOTION to Strike Defendants' Document Styled a s a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 9/20/2016. (cbr) (Entered: 09/21/2016)
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| 392 |
Filed: 9/19/2016, Entered: None |
Unknown Document Type |
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ORDER Denying 331 Motion Objection to April 9 and 13 Orders Denying Request to Strike Errata Sheet of Henry Fuentes (Dkt. Nos. 308,313) and Motion to Enforce the Scheduling Order and For a Stay of the April 9 and 13 Orders. Signed by Judge Jose E. Martinez on 9/19/2016. (See Order for full details) (nc) (Entered: 09/20/2016)
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Request |
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| 391 |
Filed: 9/19/2016, Entered: None |
Unknown Document Type |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting and Affirming 371 Report and Recommendations on Defendants' 300 Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony is DENIED. Signed by Judge Jose E. Martinez on 9/19/2016. (nc) (Entered: 09/20/2016)
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Request |
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| 390 |
Filed: 9/19/2016, Entered: None |
Unknown Document Type |
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ORDER denying 373 Motion. Signed by Judge Jose E. Martinez on 9/19/2016. (lan) (Entered: 09/20/2016)
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Request |
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| 188 |
Filed: 10/22/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin M. Bovard. Filing Fee $ 75.00. Receipt # 110309. (ksa) (Entered: 10/23/2015)
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Request |
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| 143 |
Filed: 8/20/2015, Entered: None |
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ORDER granting 139 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh) (Entered: 08/21/2015)
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Request |
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| 142 |
Filed: 8/13/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Maria R. Coor. Filing Fee $ 75.00. Receipt # 106284. (ksa) (Entered: 08/19/2015)
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| 141 |
Filed: 8/13/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shawnna M. Yashar. Filing Fee $ 75.00. Receipt # 106283. (ksa) (Entered: 08/19/2015)
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| 140 |
Filed: 8/13/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. Commins, Jr. Filing Fee $ 75.00. Receipt # 106248. (ksa) (Entered: 08/19/2015)
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Request |
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| 139 |
Filed: 8/13/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert G. Abrams. Filing Fee $ 75.00. Receipt # 106247. (ksa) (Entered: 08/19/2015)
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Request |
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| 55 |
Filed: 3/25/2015, Entered: None |
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ORDER granting 49 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 3/25/2015. (tp) (Entered: 03/26/2015)
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Request |
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| 49 |
Filed: 3/18/2015, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas M. Buell. Filing Fee $ 75.00. Receipt # 96864. (pt) (Entered: 03/19/2015)
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Request |
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| 15 |
Filed: 12/3/2014, Entered: None |
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ORDER granting 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 12/3/2014. (tp) (Entered: 12/04/2014)
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Request |
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| 13 |
Filed: 12/1/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jessie F. Beeber. Filing Fee $ 75.00. Receipt # 90624. (ksa) (Entered: 12/02/2014)
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| 12 |
Filed: 12/1/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Randall K. Miller. Filing Fee $ 75.00. Receipt # 90624. (ksa) (Entered: 12/02/2014)
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Request |
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| 11 |
Filed: 12/1/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas M. DePalma. Filing Fee $ 75.00. Receipt # 90624. (ksa) (Entered: 12/02/2014)
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Request |
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| 10 |
Filed: 12/1/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah S. Park. Filing Fee $ 75.00. Receipt # 90624. (ksa) (Entered: 12/02/2014)
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Request |
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| 9 |
Filed: 12/1/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick J. Boyle. Filing Fee $ 75.00. Receipt # 90624. (ksa) (Entered: 12/02/2014)
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Request |
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| 534 |
Filed: 12/23/2020, Entered: None |
Order dismissing case |
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Request |
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| 533 |
Filed: 12/22/2020, Entered: None |
Stipulation of Dismissal (aty) |
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Request |
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Filed: 10/2/2020, Entered: None |
~Util - Terminate Hearings AND - Order (PAPERLESS or pdf attached) |
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Request |
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| 525 |
Filed: 4/20/2020, Entered: None |
Scheduling Order |
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Request |
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| 522 |
Filed: 2/7/2020, Entered: None |
Amend/Correct |
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Request |
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| 519 |
Filed: 2/6/2020, Entered: None |
Order on Motion to seal |
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Request |
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| 515 |
Filed: 1/31/2020, Entered: None |
Motion to Seal (Public) |
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Request |
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| 511 |
Filed: 1/29/2020, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 510 |
Filed: 1/28/2020, Entered: None |
Miscellaneous Relief |
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Request |
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Filed: 1/27/2020, Entered: None |
order on motion to strike |
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Request |
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| 508 |
Filed: 1/16/2020, Entered: None |
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PAPERLESS ORDER granting ore tenus motion for extension of time. Deposition designations, proposed jury instructions and proposed voir dire questions are due January 31, 2020. Signed by Judge Jose E. Martinez on 1/16/2020. (mws) (Entered: 01/16/2020)
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Request |
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Filed: 1/16/2020, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 507 |
Filed: 1/16/2020, Entered: None |
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PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Calendar Call held on 1/16/2020. Total time in court: 20 minutes. Attorney Appearance(s): Marcos Daniel Jimenez, Jonathan P. Harmon, Patrick J. Boyle, Jessie F. Beeber. (mws) (Entered: 01/16/2020)
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Request |
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| 506 |
Filed: 1/15/2020, Entered: None |
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PAPERLESS ORDER. The parties shall be prepared to argue pending motions (ECF No. 467 and 470 ) at calendar call. Signed by Judge Jose E. Martinez on 1/15/2020. (mws) (Entered: 01/15/2020)
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Request |
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| 505 |
Filed: 1/15/2020, Entered: None |
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CLERK'S NOTICE of Compliance by Sealing 504 pursuant to Chambers (nc) (Entered: 01/15/2020)
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Request |
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Filed: 1/15/2020, Entered: None |
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SYSTEM ENTRY - Docket Entry 504 [order] restricted/sealed until further notice. (nc)
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Request |
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Filed: 1/15/2020, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 504 |
Filed: 1/15/2020, Entered: None |
Order on Sealed Motion + |
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Request |
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Filed: 1/14/2020, Entered: None |
Order on motion for extension of time |
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Request |
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| 503 |
Filed: 1/14/2020, Entered: None |
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PAPERLESS ORDER granting 502 Motion for Extension of Time. Signed by Judge Jose E. Martinez on 1/14/2020. (mws) (Entered: 01/14/2020)
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Request |
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| 502 |
Filed: 1/13/2020, Entered: None |
extension of time |
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Joint MOTION for Extension of Time to File Deposition Designations re 452 Order on Motion for Miscellaneous Relief by Companhia Energtica Potiguar. Responses due by 1/27/2020 (Leto, Matthew) (Entered: 01/13/2020)
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Request |
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| 501 |
Filed: 1/9/2020, Entered: None |
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PRETRIAL STIPULATION (Joint) by Companhia Energtica Potiguar (Leto, Matthew) (Entered: 01/09/2020)
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Request |
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Filed: 1/9/2020, Entered: None |
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SYSTEM ENTRY - Docket Entry 500 [misc] restricted/sealed until further notice. (520625)
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Request |
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| 499 |
Filed: 1/7/2020, Entered: None |
Order on Motion to seal |
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ORDER Granting In Part and Denying In Part 464 Motion to Seal. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (nc) (Entered: 01/07/2020)
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Request |
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| 498 |
Filed: 1/7/2020, Entered: None |
order on motion for miscellaneous relief |
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ORDER ON JOINT MOTION TO MARK ALL EXHIBITS NUMERICALLY granting 497 Joint Motion to Mark all Exhibits Numerically. Signed by Judge Jose E. Martinez on 1/7/2020. See attached document for full details. (mee) (Entered: 01/07/2020)
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Request |
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| 497 |
Filed: 1/7/2020, Entered: None |
Miscellaneous Relief |
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Joint MOTION Motion to Mark All Exhibits Numerically re 26 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 01/07/2020)
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Request |
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Filed: 1/7/2020, Entered: None |
Order on Motion to seal |
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Request |
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| 496 |
Filed: 1/7/2020, Entered: None |
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PAPERLESS ORDER denying as moot 477 Motion to Seal. Signed by Judge Jose E. Martinez on 1/7/2020. (mws) (Entered: 01/07/2020)
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Request |
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| 495 |
Filed: 1/6/2020, Entered: None |
order on motion for miscellaneous relief |
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ORDER denying 469 Motion Plaintiff's Motion to Introduce a Physical Exhibit Requiring Special Handling or, in the Alternative, for a Jury View. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (mee) (Entered: 01/06/2020)
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Request |
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| 494 |
Filed: 1/6/2020, Entered: None |
Order on Motion to appear pro hac vice |
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ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting 463 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Marcos D. Jimenez. Signed by Judge Jose E. Martinez on 1/6/2020. See attached document for full details. (mee) (Entered: 01/06/2020)
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Request |
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| 493 |
Filed: 1/6/2020, Entered: None |
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Clerks Notice to Filer re 485 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#492]. It is not necessary to refile this document. (ls) (Entered: 01/06/2020)
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Request |
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| 491 |
Filed: 1/6/2020, Entered: None |
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Clerks Notice to Filer re 484 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#490]. It is not necessary to refile this document. (ls) (Entered: 01/06/2020)
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Request |
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| 492 |
Filed: 1/3/2020, Entered: None |
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REPLY to Response to Motion re 466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by CATERPILLAR AMERICAS CO., Caterpillar Americas Services Co.. (ls)(See Image at DE #485) (Entered: 01/06/2020)
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Request |
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| 490 |
Filed: 1/3/2020, Entered: None |
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REPLY to Response to Motion re 467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by CATERPILLAR AMERICAS CO., Caterpillar Americas Services Co.. (ls)(See Image at DE #484) (Entered: 01/06/2020)
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Request |
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| 489 |
Filed: 1/3/2020, Entered: None |
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REPLY to Response to Motion re 469 MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View filed by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 01/03/2020)
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Request |
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| 488 |
Filed: 1/3/2020, Entered: None |
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REPLY to Response to Motion re 470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records filed by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 01/03/2020)
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Request |
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| 487 |
Filed: 1/3/2020, Entered: None |
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PAPERLESS ORDER denying as moot 483 Motion to Seal. Defendants may renew this motion if necessary pursuant to ECF No. 486. Signed by Judge Jose E. Martinez on 1/3/2020. (mws) (Entered: 01/03/2020)
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Request |
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| 486 |
Filed: 1/3/2020, Entered: None |
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PAPERLESS ORDER denying 466 Motion for Setoff without prejudice. The parties agree that the motion is premature and potentially moot. If there is a need to re-file this motion, Defendants may do so at the appropriate time. Signed by Judge Jose E. Martinez on 1/3/2020. (mws) (Entered: 01/03/2020)
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Request |
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| 485 |
Filed: 1/3/2020, Entered: None |
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RESPONSE in Support re 466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit 1)(Jimenez, Marcos) (Entered: 01/03/2020)
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Request |
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| 484 |
Filed: 1/3/2020, Entered: None |
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RESPONSE in Support re 467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Jimenez, Marcos) (Entered: 01/03/2020)
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Request |
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Filed: 1/3/2020, Entered: None |
Order on Motion to seal |
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Request |
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Filed: 1/3/2020, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 483 |
Filed: 1/3/2020, Entered: None |
Motion to Seal (Public) |
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MOTION to Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Text of Proposed Order) (Jimenez, Marcos) (Entered: 01/03/2020)
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Request |
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| 482 |
Filed: 1/2/2020, Entered: None |
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PAPERLESS ORDER. Defendants shall file a reply to ECF No. 476 of no more than 7 pages, on or before January 10, 2020. Signed by Judge Jose E. Martinez on 1/2/2020. (mws) (Entered: 01/02/2020)
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Request |
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Filed: 1/2/2020, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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Filed: 1/2/2020, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 481 |
Filed: 1/2/2020, Entered: None |
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PAPERLESS ORDER denying as moot 424 MOTION FOR STATUS CONFERENCE. Signed by Judge Jose E. Martinez on 1/2/2020. (mws) (Entered: 01/02/2020)
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Request |
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| 480 |
Filed: 12/30/2019, Entered: None |
Order on Motion to Dismiss |
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ORDER GRANTING MOTION TO STRIKE, striking 465 Motion to Dismiss; striking 468 Motion to Dismiss; granting 471 Motion to Strike. Signed by Judge Jose E. Martinez on 12/30/2019. See attached document for full details. (mee) (Entered: 12/30/2019)
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Request |
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| 479 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 467 Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: # 1 Affidavit 12.27.19 Declaration of Patrick J. Boyle)(Leto, Matthew) (Entered: 12/27/2019)
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Request |
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| 478 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 465 Defendant's MOTION to Dismiss 1 Complaint, as Sanction for Spoliated Evidence filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: # 1 Affidavit 12.27.19 Declaration of Patrick J. Boyle, # 2 Affidavit 12.27.19 Declaration of Joseph P. Crosson)(Leto, Matthew) (Entered: 12/27/2019)
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Request |
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| 477 |
Filed: 12/27/2019, Entered: None |
Motion to Seal (Public) |
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Unopposed MOTION to Seal per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Seal) (Leto, Matthew) (Entered: 12/27/2019)
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Request |
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| 476 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 466 Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Attachments: # 1 Affidavit Declaration of Jarbas Benevides)(Leto, Matthew) (Entered: 12/27/2019)
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Request |
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| 475 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 468 Renewed MOTION to Dismiss 1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes filed by Companhia Energtica Potiguar. Replies due by 1/3/2020. (Leto, Matthew) (Entered: 12/27/2019)
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Request |
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| 474 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 469 MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 1/3/2020. (Jimenez, Marcos) (Entered: 12/27/2019)
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Request |
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| 473 |
Filed: 12/27/2019, Entered: None |
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RESPONSE in Opposition re 470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 1/3/2020. (Jimenez, Marcos) (Entered: 12/27/2019)
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Request |
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| 472 |
Filed: 12/24/2019, Entered: None |
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AFFIDAVIT (Declaration) signed by: Jessie Beeber re 470 MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records by Companhia Energtica Potiguar (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Leto, Matthew) (Entered: 12/24/2019)
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Request |
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| 471 |
Filed: 12/18/2019, Entered: None |
Strike |
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Plaintiff's MOTION to Strike 465 Defendant's MOTION to Dismiss 1 Complaint, as Sanction for Spoliated Evidence, 468 Renewed MOTION to Dismiss 1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes by Companhia Energtica Potiguar. Responses due by 1/2/2020 (Leto, Matthew) (Entered: 12/18/2019)
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Request |
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| 470 |
Filed: 12/13/2019, Entered: None |
Strike |
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MOTION to Strike Defendants' Blanket Designation of all Plaintiff Maintenance Records by Companhia Energtica Potiguar. Responses due by 12/27/2019 (Attachments: # 1 Exhibit Declaration of Jessie Beeber)(Leto, Matthew) (Entered: 12/13/2019)
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Request |
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| 469 |
Filed: 12/13/2019, Entered: None |
Miscellaneous Relief |
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MOTION To Introduce a Physical Exhibit Requiring Special Handling, or in the alternative, for a Jury View by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Declaration of Patrick Boyle)(Leto, Matthew) (Entered: 12/13/2019)
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Request |
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| 468 |
Filed: 12/13/2019, Entered: None |
Dismiss |
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STRIKEN-Renewed MOTION to Dismiss 1 Complaint, Forum Non Conveniens Motion for Preservation of the Record Purposes by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/27/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Jimenez, Marcos)Text Modified on 12/30/2019 (mee). Per d.e. 480 (Entered: 12/13/2019)
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Request |
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| 467 |
Filed: 12/13/2019, Entered: None |
Miscellaneous Relief |
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Defendant's MOTION to Exclude Evidence Relating to Irrelevant Safety Measures and Fear of Personal Injury by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Jimenez, Marcos) (Entered: 12/13/2019)
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Request |
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| 466 |
Filed: 12/13/2019, Entered: None |
Miscellaneous Relief |
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Defendant's MOTION to Setoff Any Monies Plaintiff has Previously Received in Satisfaction of its Alleged Damages by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Jimenez, Marcos) (Entered: 12/13/2019)
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Request |
|
|
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| 465 |
Filed: 12/13/2019, Entered: None |
Dismiss |
|
STRIKEN-Defendant's MOTION to Dismiss 1 Complaint, as Sanction for Spoliated Evidence by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/27/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Text of Proposed Order)(Jimenez, Marcos)Text Modified on 12/30/2019 (mee).Per d.e. 480 (Entered: 12/13/2019)
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Request |
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| 464 |
Filed: 12/13/2019, Entered: None |
Motion to Seal (Public) |
|
Defendant's MOTION to Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Text of Proposed Order) (Jimenez, Marcos) (Entered: 12/13/2019)
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Request |
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|
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| 463 |
Filed: 12/5/2019, Entered: None |
Appear - Pro Hac Vice |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew F. Gann, Jr.. Filing Fee $ 75.00 Receipt # 113C-12202452 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/19/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 12/05/2019)
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Request |
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| 462 |
Filed: 11/27/2019, Entered: None |
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NOTICE by Companhia Energtica Potiguar re 460 Motion Hearing,, Proposed Decision and Order on Defendant's Motion for Summary Judgment (Leto, Matthew) (Entered: 11/27/2019)
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Request |
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| 461 |
Filed: 11/27/2019, Entered: None |
Order on Motion to appear pro hac vice |
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ORDER GRANTING MOTION TO APPEAR PRO HAC VICEgranting 458 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) George B. Davis. Signed by Judge Jose E. Martinez on 11/27/2019. See attached document for full details. (mee) (Entered: 11/27/2019)
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Request |
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| 460 |
Filed: 11/25/2019, Entered: None |
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|
PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Motion Hearing held on 11/25/2019 re 302 MOTION to Seal Motion for Summary Judgment per Local Rule 5.4 filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO.. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Marcos Daniel Jimenez, Jonathan P. Harmon, Gregory J. DuBoff, Patrick J. Boyle, Jessie F. Beeber, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (mws) Modified text to correct hearing date per chambers on 11/26/2019 (mno). (Entered: 11/26/2019)
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Request |
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| 459 |
Filed: 11/25/2019, Entered: None |
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|
TRANSCRIPT of motion hearing held on 11-22-2019 before Judge Jose E. Martinez, 1-53 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/23/2020. (dwh) (Entered: 11/25/2019)
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Request |
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| 458 |
Filed: 11/25/2019, Entered: None |
Appear - Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George B. Davis. Filing Fee $ 75.00 Receipt # 113C-12176831 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/9/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/25/2019)
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Request |
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| 457 |
Filed: 11/22/2019, Entered: None |
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|
RESPONSE to 456 Plaintiff's MOTION Objection to Defendants' November 18, 2019 Submission re 447 Order Setting Hearing on Motion,, Order Setting/Cancelling Hearing, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Jimenez, Marcos) (Entered: 11/22/2019)
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Request |
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| 456 |
Filed: 11/21/2019, Entered: None |
Miscellaneous Relief |
|
Plaintiff's Objection to Defendants' November 18, 2019 Submission re 447 Order Setting Hearing on Motion,, Order Setting/Cancelling Hearing, by Companhia Energtica Potiguar. (Leto, Matthew) Text Modified on 11/21/2019 (cqs). (Entered: 11/21/2019)
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Request |
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| 455 |
Filed: 11/20/2019, Entered: None |
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|
PAPERLESS ORDER granting 454 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/20/2019. (mws) (Entered: 11/20/2019)
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Request |
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| 454 |
Filed: 11/20/2019, Entered: None |
Bring Electronic Equipment |
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Renewed MOTION to Bring Electronic Equipment into the courtroom by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/4/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/20/2019)
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Request |
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| 453 |
Filed: 11/20/2019, Entered: None |
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|
PAPERLESS ORDER granting 451 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/20/2019. (mws) (Entered: 11/20/2019)
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Request |
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| 452 |
Filed: 11/20/2019, Entered: None |
order on motion for miscellaneous relief |
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ORDER REVISING PRETRIAL SCHEDULE, granting in part and denying in part 450 Motion Joint Motion for Agreed Scheduling Order. Signed by Judge Jose E. Martinez on 11/20/2019. See attached document for full details. (mee) (Entered: 11/20/2019)
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Request |
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| |
Filed: 11/20/2019, Entered: None |
Order on Motion to Bring Electronic Equipment |
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|
Request |
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| 451 |
Filed: 11/20/2019, Entered: None |
Bring Electronic Equipment |
|
Renewed MOTION to Bring Electronic Equipment into the courtroom by Companhia Energtica Potiguar. Responses due by 12/4/2019 (Attachments: # 1 Exhibit Proposed Order)(Leto, Matthew) (Entered: 11/20/2019)
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Request |
|
|
|
| 450 |
Filed: 11/18/2019, Entered: None |
Miscellaneous Relief |
|
Joint MOTION for Approval of Agreed Scheduling Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/18/2019)
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Request |
|
|
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| 449 |
Filed: 11/18/2019, Entered: None |
Order on Motion to appear pro hac vice |
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ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, granting 440 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Matthew P. Leto. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (mee) (Entered: 11/18/2019)
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Request |
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| 448 |
Filed: 11/18/2019, Entered: None |
Order on Motion to withdraw as attorney |
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ORDER GRANTING SHERYLLE FRANCIS'S MOTION TO WITHDRAW, granting 446 Motion to Withdraw as Attorney. Sherylle Andrea Odette Francis withdrawn from case. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (mee) (Entered: 11/18/2019)
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Request |
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| |
Filed: 11/14/2019, Entered: None |
Order Setting/Cancelling Hearing |
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Request |
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|
|
| Save 25% on a pre-paid one year subscription. |
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| |
Filed: 11/14/2019, Entered: None |
Order Setting Hearing on Motion |
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Request |
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| 447 |
Filed: 11/14/2019, Entered: None |
|
|
PAPERLESS ORDER resetting hearing on Motion for Summary Judgment 303 for 11/22/2019 at 3:30 PM in Miami Division before Judge Jose E. Martinez. The hearing set for 11/15/2019 at 2:00 PM is cancelled. The parties are requested to provide courtesy copies of their materials to Chambers prior to the hearing, excluding exhibits. Signed by Judge Jose E. Martinez on 11/14/2019. (mws) (Entered: 11/14/2019)
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Request |
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| 446 |
Filed: 11/13/2019, Entered: None |
Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Sherylle A.O. Francis for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/27/2019 (Attachments: # 1 Text of Proposed Order Proposed Order)(Francis, Sherylle) (Entered: 11/13/2019)
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|
Request |
|
|
|
| 445 |
Filed: 11/12/2019, Entered: None |
Order on Motion to Bring Electronic Equipment |
|
ORDER GRANTING PLAINTIFF'S MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM, granting 442 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee) (Entered: 11/13/2019)
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|
Request |
|
|
|
| 444 |
Filed: 11/12/2019, Entered: None |
Order on Motion to withdraw as attorney |
|
ORDER GRANTING MOTION OF WITHDRAWAL OF GOLDBERG SEGALLA LLP, granting 439 Motion to Withdraw as Attorney. Kimberly A. Cook withdrawn from case. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee) (Entered: 11/13/2019)
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|
Request |
|
|
|
| 443 |
Filed: 11/12/2019, Entered: None |
Order on Motion to Bring Electronic Equipment |
|
ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM,granting 441 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Jose E. Martinez on 11/12/2019. See attached document for full details. (mee) (Entered: 11/13/2019)
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|
Request |
|
|
|
| 442 |
Filed: 11/8/2019, Entered: None |
Bring Electronic Equipment |
|
MOTION to Bring Electronic Equipment into the courtroom for November 15, 2019 Summary Judgment Hearing by Companhia Energtica Potiguar. Responses due by 11/22/2019 (Attachments: # 1 Exhibit Proposed Order)(Leto, Matthew) (Entered: 11/08/2019)
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|
Request |
|
|
|
| 441 |
Filed: 11/8/2019, Entered: None |
Bring Electronic Equipment |
|
MOTION to Bring Electronic Equipment into the courtroom by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/22/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/08/2019)
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|
Request |
|
|
|
| 440 |
Filed: 11/8/2019, Entered: None |
Appear - Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily A. Seiderman. Filing Fee $ 75.00 Receipt # 113C-12132572 by Companhia Energtica Potiguar. Responses due by 11/22/2019 (Attachments: # 1 Exhibit Certificate, # 2 Exhibit Proposed Order)(Leto, Matthew) (Entered: 11/08/2019)
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|
Request |
|
|
|
| 439 |
Filed: 11/8/2019, Entered: None |
Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Goldberg Segalla, LLP by Kimberly A. Cook for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/22/2019 (Attachments: # 1 Text of Proposed Order)(Cook, Kimberly) (Entered: 11/08/2019)
|
|
Request |
|
|
|
| 438 |
Filed: 11/6/2019, Entered: None |
Order on Motion to withdraw as attorney |
|
ORDER GRANTING MOTION OF WITHDRAWAL OF KEVIN M. BOVARD granting 433 Motion to Withdraw as Attorney. Kevin M. Bovard withdrawn from case Notice of Termination delivered by US Mail to Kevin Bovard.. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee) (Entered: 11/07/2019)
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|
Request |
|
|
|
| 437 |
Filed: 11/6/2019, Entered: None |
Order on Motion to withdraw as attorney |
|
ORDER GRANTING MOTION OF WITHDRAWAL OF BAKER HOSTETLER, LLP granting 432 Motion to Withdraw as Attorney. Maria R. Coor; Paul E. Poirot; Shawnna M. Yashar; Robert G. Abrams and Gregory J. Commins, Jr withdrawn from case Notice of Termination delivered by US Mail to Robert Abrams, Gregory Commins, Maria Coor, Paul Poirot, Shawnna Yashar. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee) (Entered: 11/07/2019)
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|
Request |
|
|
|
| 436 |
Filed: 11/6/2019, Entered: None |
Order on Motion to withdraw as attorney |
|
ORDER GRANTING MOTION OF WITHDRAWAL OF E. REBECCA GANTT granting 430 Motion to Withdraw as Attorney. E. Rebecca Gantt withdrawn from case Notice of Termination delivered by US Mail to E. Gantt.. Signed by Judge Jose E. Martinez on 11/6/2019. See attached document for full details. (mee) (Entered: 11/07/2019)
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Request |
|
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|
| 435 |
Filed: 11/4/2019, Entered: None |
|
|
Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (Attachments: # 1 Exhibit) (Jimenez, Marcos) (Entered: 11/04/2019)
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Request |
|
|
|
| 434 |
Filed: 11/3/2019, Entered: None |
|
|
Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by Companhia Energtica Potiguar (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Leto, Matthew) (Entered: 11/03/2019)
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Request |
|
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|
| 433 |
Filed: 11/1/2019, Entered: None |
Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Kevin M. Bovard for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/15/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/01/2019)
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|
Request |
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|
|
| 432 |
Filed: 11/1/2019, Entered: None |
Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Baker Hostetler, LLP, Gregory J. Commins, Jr., Maria R. Coor, Paul E. Poirot, Robert G. Abrams, and Shawnna M. Yashar for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/15/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 11/01/2019)
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Request |
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|
| 431 |
Filed: 10/31/2019, Entered: None |
|
|
Notice of Supplemental Authority re 426 Order, Set/Reset Hearings by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Jimenez, Marcos) (Entered: 10/31/2019)
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Request |
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| 430 |
Filed: 10/29/2019, Entered: None |
Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by E. Rebecca Gantt for / by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/12/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 10/29/2019)
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Request |
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|
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| 429 |
Filed: 10/28/2019, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECRONIC FILING,granting 428 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gregory C. DuBoff. Signed by Judge Jose E. Martinez on 10/28/2019. See attached document for full details. (mee) (Entered: 10/28/2019)
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|
Request |
|
|
|
| 428 |
Filed: 10/25/2019, Entered: None |
Appear - Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. DuBoff. Filing Fee $ 75.00 Receipt # 113C-12096320 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 11/8/2019 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 10/25/2019)
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Request |
|
|
|
| 427 |
Filed: 10/22/2019, Entered: None |
Scheduling Order |
|
ORDER REVISING TRIAL AND PRETRIAL SCHEDULE: Jury Trial set for 1/21/2020 in Miami Division before Judge Jose E. Martinez. Calendar Call set for 1/16/2020 01:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 10/22/2019. See attached document for full details. (mc) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/23/2019)
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Request |
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|
| |
Filed: 10/22/2019, Entered: None |
~Util - Set/Reset Hearings |
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|
Request |
|
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|
| |
Filed: 10/22/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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|
Request |
|
|
|
| 426 |
Filed: 10/22/2019, Entered: None |
|
|
PAPERLESS ORDER setting hearing on 303 Motion for Summary Judgment for 11/15/2019 at 2:00 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 10/22/2019. (mws) (Entered: 10/22/2019)
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Request |
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|
|
| 425 |
Filed: 9/4/2019, Entered: None |
|
|
STATUS REPORT re: Letter to Court requesting status conference by Companhia Energtica Potiguar (Leto, Matthew) (Entered: 09/04/2019)
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|
Request |
|
|
|
| 424 |
Filed: 12/17/2018, Entered: None |
|
|
Unopposed MOTION Motion for Status Conference by Companhia Energtica Potiguar. (Attachments: # 1 Text of Proposed Order Proposed Order)(Leto, Matthew) (Entered: 12/17/2018)
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Request |
|
|
|
| 423 |
Filed: 5/21/2018, Entered: None |
Order on Motion to appear pro hac vice |
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ORDER granting 422 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) E. Rebecca Gantt. Signed by Judge Jose E. Martinez on 5/21/2018. (ls) (Entered: 05/22/2018)
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|
Request |
|
|
|
| 422 |
Filed: 5/18/2018, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Gantt. Filing Fee $ 75.00 Receipt # 113C-10666830 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/1/2018 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 05/18/2018)
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Request |
|
|
|
| 421 |
Filed: 2/26/2018, Entered: None |
Case Reassignment of Paired Magistrate Judge |
|
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2018-12 to Magistrate Judge Lauren F. Louis. Magistrate Judge William C. Turnoff no longer assigned to case. (vjk) (Entered: 02/26/2018)
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|
Request |
|
|
|
| 420 |
Filed: 2/6/2018, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 419 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan P. Harmon. Signed by Judge Jose E. Martinez on 2/6/2018. (mc) (Entered: 02/06/2018)
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|
Request |
|
|
|
| 419 |
Filed: 2/5/2018, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan P. Harmon. Filing Fee $ 75.00 Receipt # 113C-10383815 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/20/2018 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 02/05/2018)
|
|
Request |
|
|
|
| 418 |
Filed: 1/29/2018, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 416 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Diane P. Flannery. Signed by Judge Jose E. Martinez on 1/29/2018. (mc) (Entered: 01/29/2018)
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Request |
|
|
|
| 417 |
Filed: 1/26/2018, Entered: None |
Order of recusal |
|
ORDER OF RECUSAL. Magistrate Judge Jonathan Goodman recused. Case reassigned to Magistrate Judge William C. Turnoff for all further proceedings Signed by Magistrate Judge Jonathan Goodman on 1/26/2018. (jc) (Main Document 417 replaced on 1/26/2018) (jc). (Entered: 01/26/2018)
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|
Request |
|
|
|
| 416 |
Filed: 1/26/2018, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Diane P. Flannery. Filing Fee $ 75.00 Receipt # 113C-10360126 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/9/2018 (Attachments: # 1 Text of Proposed Order)(Jimenez, Marcos) (Entered: 01/26/2018)
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|
Request |
|
|
|
| 415 |
Filed: 1/26/2018, Entered: None |
Notice of Attorney Appearance |
|
NOTICE of Attorney Appearance by Marcos Daniel Jimenez on behalf of CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Attorney Marcos Daniel Jimenez added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Marcos Daniel Jimenez added to party CATERPILLAR INC.(pty:dft), Attorney Marcos Daniel Jimenez added to party Caterpillar Americas Services Co.(pty:dft). (Jimenez, Marcos) (Entered: 01/26/2018)
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|
Request |
|
|
|
| 414 |
Filed: 1/4/2018, Entered: None |
Notice of change of address |
|
NOTICE of Change of Address by Kimberly A. Cook (Cook, Kimberly) (Entered: 01/04/2018)
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Request |
|
|
|
| |
Filed: 12/14/2017, Entered: None |
|
|
Case Reopened per 413 . (rkn)
|
|
Request |
|
|
|
| 413 |
Filed: 12/14/2017, Entered: None |
order on motion to reopen case |
|
PAPERLESS ORDER granting 400 Unopposed MOTION to Reopen Case and denying without prejudice the parties' Request for Status Conference at this time. This case is hereby REOPENED, and the parties may wish to renew their request for a status conference, if applicable, following this Court's ruling on the 303 SEALED MOTION for Summary Judgment. Signed by Judge Jose E. Martinez on 12/14/2017. (rkn) (Entered: 12/14/2017)
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Request |
|
|
|
| |
Filed: 12/14/2017, Entered: None |
Case Reopened |
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|
|
Request |
|
|
|
| 412 |
Filed: 12/14/2017, Entered: None |
Order on Sealed Report and Recommendations |
|
ORDER Adopting 396 Report and Recommendations, 401 Report and Recommendations are AFFIRMED and ADOPTED in their entirely. Accordingly, it is ADJUDGED that 300, 301 are GRANTED IN PART and DENIED IN PART as specifically set forth in Magistrate Judge Goodman's Sealed Omnibus Report and Recommendation, and Public Omnibus Report and Recommendation. Signed by Judge Jose E. Martinez on 12/13/2017. (nc) (Entered: 12/14/2017)
|
|
Request |
|
|
|
| 411 |
Filed: 11/20/2017, Entered: None |
Notification of Ninety Days Expiring |
|
Notification of Ninety Days Expiring re: [300, 301, 303] by Companhia Energtica Potiguar re 403 Objections to Report and Recommendations filed by Companhia Energtica Potiguar, 357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar, 404 Objections to Report and Recommendations, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. (Leto, Matthew) (Entered: 11/20/2017)
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Request |
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| 410 |
Filed: 9/5/2017, Entered: None |
Order on Motion to withdraw as attorney |
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PAPERLESS ORDER granting 409 Motion to Withdraw as Attorney. Attorney Charles Stuart Davant terminated. Signed by Judge Jose E. Martinez on 9/5/2017. (rkn) (Entered: 09/05/2017)
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Request |
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| 409 |
Filed: 8/31/2017, Entered: None |
Motion to withdraw as attorney |
|
MOTION to Withdraw as Attorney by Charles S. Davant. by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 9/14/2017 (Attachments: # 1 Text of Proposed Order Proposed Order on Motion To Withdraw as Counsel of Record)(Davant, Charles) (Entered: 08/31/2017)
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Request |
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| 408 |
Filed: 8/11/2017, Entered: None |
Response/Reply (Other) |
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Plaintiff's REPLY to 401 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C- Proposed Order)(Leto, Matthew) (Entered: 08/11/2017)
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Request |
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| 407 |
Filed: 8/11/2017, Entered: None |
Response/Reply (Other) |
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REPLY to 401 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL Reply In Support Of Defendants' Objection To Omnibus Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit Ex.1, # 2 Exhibit Ex.2, # 3 Exhibit Ex.3, # 4 Exhibit Ex.4, # 5 Exhibit Ex.5, # 6 Exhibit Ex.6, # 7 Exhibit Ex.7)(Davant, Charles) (Entered: 08/11/2017)
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Request |
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| 406 |
Filed: 7/28/2017, Entered: None |
Response to Objection to Report and Recommendations |
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RESPONSE TO OBJECTION to 401 Report and Recommendations Concerning Daubert Motions by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 07/28/2017)
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Request |
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| 405 |
Filed: 7/28/2017, Entered: None |
Response to Objection to Report and Recommendations |
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RESPONSE TO OBJECTION to 401 Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Davant, Charles) (Entered: 07/28/2017)
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Request |
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| 404 |
Filed: 6/30/2017, Entered: None |
Objections to Report and Recommendations |
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OBJECTIONS to 401 Report and Recommendations Concerning Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Davant, Charles) (Entered: 06/30/2017)
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Request |
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| 403 |
Filed: 6/30/2017, Entered: None |
Objections to Report and Recommendations |
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OBJECTIONS to 401 Report and Recommendations Concerning Daubert Motions by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 06/30/2017)
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Request |
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| 402 |
Filed: 6/15/2017, Entered: None |
Order on motion for extension of time |
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PAPERLESS ORDER granting 397 Motion for Extension of Time. The parties shall file any Objections to Magistrate Judge Goodman's Report and Recommendations on or before June 30, 2017. The parties shall file any Responses to those Objections on or before July 28, 2017. The parties may file any corresponding Replies on or before August 11, 2017. The parties are advised that NO further extensions shall be granted absent compelling circumstances. Signed by Judge Jose E. Martinez on 6/15/2017. (rkn) (Entered: 06/15/2017)
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Request |
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| 401 |
Filed: 6/12/2017, Entered: None |
Report and Recommendations |
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Public REPORT AND RECOMMENDATIONS on 300 301 Daubert Motions. Signed by Magistrate Judge Jonathan Goodman on 6/12/2017. (jdo) (Entered: 06/12/2017)
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Request |
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| 400 |
Filed: 6/12/2017, Entered: None |
Motion to Reopen Case |
|
Unopposed MOTION to Reopen Case and Request for Status Conference by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 06/12/2017)
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Request |
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| 399 |
Filed: 6/12/2017, Entered: None |
response in opposition to motion |
|
RESPONSE in Opposition re 397 MOTION for Extension of Time Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions filed by Companhia Energtica Potiguar. Replies due by 6/19/2017. (Leto, Matthew) (Entered: 06/12/2017)
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Request |
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| 398 |
Filed: 6/9/2017, Entered: None |
Endorsed Order |
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PAPERLESS ORDER requiring EXPEDITED response to 397 Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions on or before June 12, 2017. Signed by Judge Jose E. Martinez on 6/9/2017. (rkn) (Entered: 06/09/2017)
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Request |
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| 397 |
Filed: 6/9/2017, Entered: None |
Motion for Extension of Time |
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MOTION for Extension of Time Motion for a Brief Extension of Deadlines for Caterpillar to File Objections to Report and Recommendations on Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/23/2017 (Davant, Charles) (Entered: 06/09/2017)
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Request |
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| |
Filed: 6/2/2017, Entered: None |
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SYSTEM ENTRY - Docket Entry 396 [report and recommendations] restricted/sealed until further notice. (nc)
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Request |
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| |
Filed: 6/2/2017, Entered: None |
Description not available |
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|
Request |
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| 395 |
Filed: 5/16/2017, Entered: None |
Notification of Ninety Days Expiring |
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Notification of Ninety Days Expiring by Companhia Energtica Potiguar (Leto, Matthew) (Entered: 05/16/2017)
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Request |
|
|
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| 394 |
Filed: 9/20/2016, Entered: None |
Amended Order |
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AMENDED ORDER re 393 ORDER STAYING AND ADMINISTMTIVELY CLOSING CASE. Motions terminated: 387 Unopposed MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar, 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RE COMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil, 357 MOTION to Strike Defendants' Document Styled a s a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 9/20/2016. (cbr) (Entered: 09/21/2016)
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Request |
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| 393 |
Filed: 9/20/2016, Entered: None |
Order Staying Case |
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ORDER STAYING AND ADMINISTMTIVELY CLOSING CASE. Motions terminated: 387 Unopposed MOTION to Seal per Local Rule 5.4 filed by Companhia Energtica Potiguar, 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil, 357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 9/19/2016. (lan) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 09/20/2016)
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Request |
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| 392 |
Filed: 9/19/2016, Entered: None |
Order on Sealed Motion + |
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ORDER Denying 331 Motion Objection to April 9 and 13 Orders Denying Request to Strike Errata Sheet of Henry Fuentes (Dkt. Nos. 308,313) and Motion to Enforce the Scheduling Order and For a Stay of the April 9 and 13 Orders. Signed by Judge Jose E. Martinez on 9/19/2016. (See Order for full details) (nc) (Entered: 09/20/2016)
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Request |
|
|
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| 391 |
Filed: 9/19/2016, Entered: None |
Order on Report and Recommendations |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting and Affirming 371 Report and Recommendations on Defendants' 300 Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony is DENIED. Signed by Judge Jose E. Martinez on 9/19/2016. (nc) (Entered: 09/20/2016)
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Request |
|
|
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| 390 |
Filed: 9/19/2016, Entered: None |
order on motion for miscellaneous relief |
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ORDER denying 373 Motion. Signed by Judge Jose E. Martinez on 9/19/2016. (lan) (Entered: 09/20/2016)
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Request |
|
|
|
| 389 |
Filed: 8/5/2016, Entered: None |
Response in Support of Motion |
|
RESPONSE in Support re 387 Unopposed MOTION to Seal per Local Rule 5.4 filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 08/05/2016)
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Request |
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|
|
| |
Filed: 8/1/2016, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 388 [misc] restricted/sealed until further notice. (1018816)
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|
Request |
|
|
|
| 387 |
Filed: 8/1/2016, Entered: None |
Motion to Seal |
|
Unopposed MOTION to Seal per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Proposed Order) (Leto, Matthew) (Entered: 08/01/2016)
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|
Request |
|
|
|
| |
Filed: 8/1/2016, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| 386 |
Filed: 8/1/2016, Entered: None |
Report Regarding |
|
REPORT REGARDING Pending Daubert Motions by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. (Davant, Charles) (Entered: 08/01/2016)
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|
Request |
|
|
|
| 385 |
Filed: 7/28/2016, Entered: None |
Order on Motion for Leave to File Excess Pages |
|
ENDORSED ORDER granting in part and denying in part 384 Motion for Leave to File Excess Pages. Plaintiffs may have five (5) additional pages for their omnibus proposed Report and Recommendations on the myriad Daubert motions. Thus, the required submission may be up to forty-five (45) pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 7/28/2016. (JG) (Entered: 07/28/2016)
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Request |
|
|
|
| 384 |
Filed: 7/28/2016, Entered: None |
Motion for Leave to File Excess Pages |
|
Plaintiff's MOTION for Leave to File Excess Pages for Plaintiff's Proposed Report and Recommendations Filed Pursuant to the Court's July 13, 2016 Order [ECF No. 380] by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A- Proposed Order, # 2 Certification of Service)(Leto, Matthew) (Entered: 07/28/2016)
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Request |
|
|
|
| 383 |
Filed: 7/25/2016, Entered: None |
Reply to Response to motion |
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REPLY to Response to Motion re 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil Defendants' Reply in Support of Objection to June 13, 2016 Report and Recommendations on Defendants' Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony (Dkt. No. 371) filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit 1 - Nikain Report Excerpts, # 2 Exhibit 2 - Nikain Deposition Excerpts)(Davant, Charles) (Entered: 07/25/2016)
|
|
Request |
|
|
|
| 382 |
Filed: 7/15/2016, Entered: None |
MEMORANDUM |
|
MEMORANDUM of Law re 376 Response in Opposition to Motion,, Reply in Further Support of its Objection to Magistrate Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 07/15/2016)
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|
Request |
|
|
|
| 381 |
Filed: 7/14/2016, Entered: None |
response in opposition to motion |
|
RESPONSE in Opposition re 375 Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpil filed by Companhia Energtica Potiguar. Replies due by 7/25/2016. (Leto, Matthew) (Entered: 07/14/2016)
|
|
Request |
|
|
|
| 380 |
Filed: 7/13/2016, Entered: None |
Order |
|
ORDER requiring the parties to file a proposed report and recommendations on the pending Daubert motions. Signed by Magistrate Judge Jonathan Goodman on 7/13/2016. (mda) (Entered: 07/13/2016)
|
|
Request |
|
|
|
| 379 |
Filed: 7/12/2016, Entered: None |
settlement conference |
|
**PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 7/12/2016. **CASE DID NOT SETTLE** (Digital 09:58:00.) (mso) (Entered: 07/13/2016)
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Request |
|
|
|
| |
Filed: 7/8/2016, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 378 [misc] restricted/sealed until further notice. (1004481)
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Request |
|
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|
| |
Filed: 7/8/2016, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| |
Filed: 7/7/2016, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 377 [misc] restricted/sealed until further notice. (1018816)
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|
Request |
|
|
|
| |
Filed: 7/7/2016, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| 376 |
Filed: 7/5/2016, Entered: None |
response in opposition to motion |
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RESPONSE in Opposition re 373 Plaintiff's MOTION Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration re 361 Order on Motion to Strike Defendants' Response to Plaintiff's Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Haaland Declaration filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 7/15/2016. (Attachments: # 1 Exhibit 1 - Arroyave Rebuttal Report, # 2 Exhibit 2 - Expert Report of Alan Daniels)(Davant, Charles) (Entered: 07/05/2016)
|
|
Request |
|
|
|
| 375 |
Filed: 6/27/2016, Entered: None |
Appeal/Objection of Magistrate Judge Order to District Court |
|
Defendant's OBJECTION of Magistrate Judge 371 REPORT AND RECOMMENDATIONS re 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPIL to District Court Defendants' Objection to June 13, 2016 Report and Recommendations on Defendants' Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony (Dkt. No. 371) (Attachments: # 1 Exhibit Ex. 1 - Fuentes Report With Appendices, # 2 Exhibit Ex. 2 - Fuentes Depo, # 3 Exhibit Ex. 3 - Fuentes Errata, # 4 Exhibit Ex. 4 - Minks Report, # 5 Exhibit Ex. 5 - Nikain Report)(Davant, Charles) (Entered: 06/27/2016)
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|
Request |
|
|
|
| 374 |
Filed: 6/23/2016, Entered: None |
Reply to Response to motion |
|
REPLY to Response to Motion re 357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A)(Leto, Matthew) (Entered: 06/23/2016)
|
|
Request |
|
|
|
| 373 |
Filed: 6/16/2016, Entered: None |
Motion for Miscellaneous Relief |
|
Plaintiff's MOTION Objection to Magistrate Judge Goodman's Order Granting Defendants' Motion to Strike Ole Haaland's Declaration re 361 Order on Motion to Strike by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Leto, Matthew) (Entered: 06/16/2016)
|
|
Request |
|
|
|
| 372 |
Filed: 6/13/2016, Entered: None |
response in opposition to motion |
|
RESPONSE in Opposition re 357 MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 6/23/2016. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Davant, Charles) (Entered: 06/13/2016)
|
|
Request |
|
|
|
| 371 |
Filed: 6/13/2016, Entered: None |
Report and Recommendations |
|
REPORT AND RECOMMENDATIONS on Defendants' 300 Motion Seeking to Exclude Henry Fuentes' Opinions and Testimony. Signed by Magistrate Judge Jonathan Goodman on 6/13/2016. (mda) (Entered: 06/13/2016)
|
|
Request |
|
|
|
| 370 |
Filed: 6/9/2016, Entered: None |
Telephone Conference |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 6/9/2016. (Digital 17:30:47.) (mso) (Entered: 06/10/2016)
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|
Request |
|
|
|
| 369 |
Filed: 6/9/2016, Entered: None |
Order |
|
ENDORSED ORDER scheduling a Settlement Conference for 7/12/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall each submit a confidential settlement conference statement, limited to approximately thirty pages, to the Undersigned's e-file inbox (goodman@flsd.uscourts.gov) by July 7, 2016. Additionally, each party shall, by 7/7/2016, file under seal an affidavit detailing the total amount of attorneys' fees and costs it has incurred to date, the number of hours each attorney worked on the case, the names of the attorneys who have worked on the case (and their total hours), and each attorney's hourly rate. The affidavit shall also explain whether the hourly rates or total fees are in any way discounted. Signed by Magistrate Judge Jonathan Goodman on 6/9/2016. (mda) Modified affidavit filing deadline per chambers on 6/10/2016 (wc). (Entered: 06/09/2016)
|
|
Request |
|
|
|
| 368 |
Filed: 6/8/2016, Entered: None |
scheduling conference |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Scheduling Conference held on 6/8/2016. (Digital 17:28:58.) (mso) (Entered: 06/08/2016)
|
|
Request |
|
|
|
| 367 |
Filed: 6/7/2016, Entered: None |
Order |
|
ENDORSED ORDER setting a Telephonic Scheduling Conference for 6/9/2016 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman to further discuss the scheduling of a settlement conference. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/7/2016. (mda) (Entered: 06/07/2016)
|
|
Request |
|
|
|
| 366 |
Filed: 6/7/2016, Entered: None |
Order on motion for extension of time |
|
ENDORSED ORDER granting 365 Defendants' Unopposed Motion for Extension of Time to Comply with Court Order. Defendants need not refile the 364 Notice of Compliance. Signed by Magistrate Judge Jonathan Goodman on 6/7/2016. (mda) (Entered: 06/07/2016)
|
|
Request |
|
|
|
| 365 |
Filed: 6/6/2016, Entered: None |
Motion for Extension of Time |
|
Unopposed MOTION for Extension of Time to Comply with Court Order Defendants' Unopposed Motion for Extension of Time to Comply with Court Order re 356 Order on Motion to Seal by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 6/23/2016 (Attachments: # 1 Exhibit Exhibit A - Email to Opposing Counsel 700 pm EST June 3, 2016, # 2 Exhibit Exhibit B - Email to J. Goodman 804 pm EST June 3, 2016)(Davant, Charles) (Entered: 06/06/2016)
|
|
Request |
|
|
|
| 364 |
Filed: 6/6/2016, Entered: None |
Notice of Compliance |
|
NOTICE of Compliance Caterpillar's Notice of Compliance with Court Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 360 Notice of Compliance filed by CATERPILLAR INC., 356 Order on Motion to Seal (Attachments: # 1 Appendix Attachment 1: CEP Daubert Motion (ECF No. 301) pages 30-31 redacted, # 2 Appendix Attachment 2: CEP Daubert Motion (ECF No. 301) Exhibit 5 chart on page 19 redacted, # 3 Appendix Attachment 3: CEP Daubert Motion (ECF No. 301) Exhibit 6 page 577 redacted, # 4 Appendix Attachment 4: CEP Daubert Motion (ECF No. 301) Exhibit 9 pages 292:13-18, 293:5-12 redacted, # 5 Appendix Attachment 5: CEP Daubert Motion (ECF No. 301) Exhibit 14 paragraphs 27, 34, 56, 62-64 redacted, # 6 Appendix Attachment 6: CEP Daubert Motion (ECF No. 301) Exhibit 23 paragraphs 35, 63, 70, 91, 95-96, 98, 103 (including figure 7), 109 (including figures 10-11), 110, 115 redacted, # 7 Appendix Attachment 7: CEP Daubert Motion (ECF No. 301) Exhibit 24 pages 105:15- 106:2, 109:24-25, 120:17-23, 121:24-124:6, 126:10-17, 172:1-173:9, 177:7- 181:25, 189-92, 198-99, 205-07 redacted, # 8 Appendix Attachment 8: CEP Daubert Motion (ECF No. 301) Exhibit 31 note on page 46 redacted, # 9 Appendix Attachment 9: Caterpillar Daubert Motion (ECF No. 300) Exhibit 4 paragraphs 27, 34, 56, and 62-64, # 10 Appendix Attachment 10: Caterpillar Daubert Opposition (ECF No. 318) first five lines and footnote 7 on page 29 redacted, # 11 Appendix Attachment 11: Caterpillar Daubert Opposition (ECF No. 318) Exhibit N pages 11:22-19:17 redacted, # 12 Appendix Attachment 12: Caterpillar Daubert Opposition (ECF No. 318) Exhibit P pages 187:15-202:25, 205:17-209:25 redacted, # 13 Appendix Attachment 13: CEP Daubert Reply (ECF No. 333) page 13, underneath Section V redacted) (Davant, Charles) (Entered: 06/06/2016)
|
|
Request |
|
|
|
| 363 |
Filed: 6/2/2016, Entered: None |
Order |
|
ENDORSED ORDER setting a Telephone Hearing for 6/7/2016 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman to discuss scheduling a settlement conference. Counsel shall have their calendars (as well as the calendars for their client representatives and, if applicable, insurance claims adjusters) available. The Undersigned anticipates that the settlement conference will occur this month. If CAT has any potentially applicable insurance coverage, including excess coverage, for any amount encompassed by CEP's damages demand (as outlined by its expert witness), then an appropriate claims attorney/claims adjuster for each carrier shall also attend the settlement conference. In addition, if there is insurance coverage, then CAT should be prepared to advise the Undersigned about the coverage, including the limits of the policy (or policies) and whether the coverage is wasting. The settlement conference will last all day, if necessary, so counsel should factor that in when evaluating scheduling availability. By 5:00 PM, the day before the settlement conference, each side shall file under seal an affidavit detailing the total amount of attorney's fees and costs it has incurred to date, the number of hours each attorney worked on the case, the names of the attorneys who have worked on the case (and their total hours), and each attorney's hourly rate. The affidavit shall also explain whether the hourly rates or total fees are in any way discounted. Additionally, the parties shall submit a courtesy copy of the affidavits to the Undersigned's e-file inbox (goodman@flsd.uscourts.gov). The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/2/2016. (mda) (Entered: 06/02/2016)
|
|
Request |
|
|
|
| 362 |
Filed: 6/2/2016, Entered: None |
Order Referring Case to Magistrate Judge |
|
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for purposes of conducting a settlement conference. Signed by Judge Jose E. Martinez on 6/2/2016. (rkn) (Entered: 06/02/2016)
|
|
Request |
|
|
|
| 361 |
Filed: 6/2/2016, Entered: None |
order on motion to strike |
|
ORDER concerning 336 Defendants' Motion to Strike Ole Haaland's Declaration in Opposition to a Motion to Exclude His Expert Opinions and Testimony. Signed by Magistrate Judge Jonathan Goodman on 6/2/2016. (mda) (Entered: 06/02/2016)
|
|
Request |
|
|
|
| 360 |
Filed: 5/27/2016, Entered: None |
Notice of Compliance |
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NOTICE of Compliance and Motion to Seal Certain Portions of Briefs and Exhibits by CATERPILLAR INC. re 356 Order on Motion to Seal (Davant, Charles) (Entered: 05/27/2016)
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Request |
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| 359 |
Filed: 5/27/2016, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 356 Order on Motion to Seal (Leto, Matthew) (Entered: 05/27/2016)
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Request |
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| 358 |
Filed: 5/26/2016, Entered: None |
Reply to Response to motion |
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REPLY to Response to Motion re 336 MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 05/26/2016)
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Request |
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| 357 |
Filed: 5/25/2016, Entered: None |
Motion to Strike |
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MOTION to Strike Defendants' Document Styled as a "Response to Plaintiff's Counter-Statement of Material Facts" by Companhia Energtica Potiguar. Responses due by 6/13/2016 (Leto, Matthew) Modified to reopen document on 10/3/2019 (ra). (Entered: 05/25/2016)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 356 |
Filed: 5/19/2016, Entered: None |
Order on Motion to seal |
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ORDER concerning CEP's 350 Unopposed Motion to File under Seal. Signed by Magistrate Judge Jonathan Goodman on 5/19/2016. (mda) (Entered: 05/19/2016)
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Request |
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| 355 |
Filed: 5/19/2016, Entered: None |
Order on Motion to seal |
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PAPERLESS ORDER granting 352 Motion to Seal. Re: 353 Sealed Document, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 354 Sealed Document,, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Defendants' Exhibits 45-59 in support of the Reply, the Reply, and Response to Plaintiff's Counter-Statement of Material Facts shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 5/19/2016. (rkn) (Entered: 05/19/2016)
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Request |
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Filed: 5/17/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 354 [misc] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 5/17/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 353 [misc] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 5/17/2016, Entered: None |
Description not available |
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Request |
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| 352 |
Filed: 5/17/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 05/17/2016)
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Request |
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Filed: 5/16/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 351 [misc] restricted/sealed until further notice. (1018816)
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Request |
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| 350 |
Filed: 5/16/2016, Entered: None |
Motion to Seal |
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Unopposed MOTION to Seal Opposition to Defendants' Motion to Strike per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Proposed Order) (Leto, Matthew) (Entered: 05/16/2016)
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Request |
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Filed: 5/16/2016, Entered: None |
Description not available |
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Request |
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| 349 |
Filed: 5/16/2016, Entered: None |
Response/Reply (Other) |
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RESPONSE/REPLY to 343 Memorandum, in Opposition to Motion to Enforce the Scheduling Order and for a Stay of the April 9 and 13 Order (ECF 331) by Companhia Energtica Potiguar by CATERPILLAR INC.. (Davant, Charles) (Entered: 05/16/2016)
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Request |
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| 348 |
Filed: 5/9/2016, Entered: None |
Order on Motion to seal |
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ENDORSED ORDER granting 332 Plaintiff's Unopposed Motion for Leave to File Under Seal and granting 334 Defendants' Unopposed Motion for Leave to File Under Seal. Signed by Magistrate Judge Jonathan Goodman on 5/9/2016. (mda) (Entered: 05/09/2016)
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Request |
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| 347 |
Filed: 5/9/2016, Entered: None |
Order on Motion to seal |
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PAPERLESS ORDER granting 330 Motion to Seal. Re: 331 SEALED Objection to April 9 and 13 Orders Denying Request to Strike Errata Sheet of Henry Fuentes (Dkt. Nos. 308,313) and Motion to Enforce the Scheduling Order and For a Stay of the April 9 and 13 Orders filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. The requisite, specified documents shall remain under seal until further order of the Court. Signed by Judge Jose E. Martinez on 5/9/2016. (rkn) (Entered: 05/09/2016)
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Request |
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| 346 |
Filed: 5/9/2016, Entered: None |
Order on Motion to seal |
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PAPERLESS ORDER granting 344 Motion to Seal. Re: 345 Sealed Document, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Amended Exhibit 21 in Support of Defendants' Local Rule 56.1 Statement of Material Facts shall remain under seal until further order of the Court. Signed by Judge Jose E. Martinez on 5/9/2016. (rkn) (Entered: 05/09/2016)
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Request |
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Filed: 5/6/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 345 [misc] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 5/6/2016, Entered: None |
Description not available |
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Request |
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| 344 |
Filed: 5/6/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Defendants' Unopposed Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 05/06/2016)
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Request |
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| 343 |
Filed: 5/4/2016, Entered: None |
MEMORANDUM |
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MEMORANDUM in Opposition to Motion to Enforce the Scheduling Order and for a Stay of the April 9 and 13 Order (ECF 331) by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Leto, Matthew) (Entered: 05/04/2016)
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Request |
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| 342 |
Filed: 5/3/2016, Entered: None |
Order on Motion to seal |
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PAPERLESS ORDER granting 338 Motion to Seal. Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment and Request for Oral Argument, dated May 2, 2016; and (2) the Declaration of Patrick J. Boyle, dated May 2, 2016, and the accompanying exhibits shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 5/3/2016. (rkn) (Entered: 05/03/2016)
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Filed: 5/2/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 341 [misc] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 5/2/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 340 [misc] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 5/2/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 339 [misc] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 5/2/2016, Entered: None |
Description not available |
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Request |
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| 338 |
Filed: 5/2/2016, Entered: None |
Motion to Seal |
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Unopposed MOTION to Seal Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Proposed Order) (Leto, Matthew) (Entered: 05/02/2016)
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Request |
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| 337 |
Filed: 4/29/2016, Entered: None |
Order Referring Motion |
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PAPERLESS ORDER REFERRING 336 MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. to Magistrate Judge Jonathan Goodman, to take all necessary and proper action as required by law. Signed by Judge Jose E. Martinez on 4/29/2016. (rkn) (Entered: 04/29/2016)
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Request |
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| 336 |
Filed: 4/28/2016, Entered: None |
Motion to Strike |
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MOTION to Strike Defendants' Motion to Strike "Declaration of Ole Haaland In Opposition to Caterpillar's Motion to Exclude the Opinions and Testimony of Ole Haaland" with Incorporated Memorandum of Law by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 5/16/2016 (Davant, Charles) (Entered: 04/28/2016)
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Request |
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Filed: 4/28/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 335 [misc] restricted/sealed until further notice. (1004481)
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Request |
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| 334 |
Filed: 4/28/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 04/28/2016)
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Request |
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Filed: 4/28/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 333 [misc] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 4/28/2016, Entered: None |
Description not available |
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Request |
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| 332 |
Filed: 4/28/2016, Entered: None |
Motion to Seal |
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Unopposed MOTION to Seal Reply Memorandum per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit "A" - Proposed Order) (Leto, Matthew) (Entered: 04/28/2016)
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Request |
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Filed: 4/20/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 331 [motion] restricted/sealed until further notice. (1004481)
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Request |
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| 330 |
Filed: 4/20/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 04/20/2016)
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Request |
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| 329 |
Filed: 4/20/2016, Entered: None |
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney |
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Clerks Notice to Filer re 318 SEALED MOTION, 322 SEALED MOTION, 320 SEALED MOTION, 316 SEALED MOTION, 323 SEALED MOTION, 324 SEALED MOTION, 321 SEALED MOTION, 319 SEALED MOTION, 325 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. In the future when filing a Memorandum In Opposition, etc., please select the Event Sealed Document (restricted). It is not necessary to refile this document. (Motions terminated) (nc) (Entered: 04/20/2016)
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Request |
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Filed: 4/20/2016, Entered: None |
Description not available |
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Request |
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| 328 |
Filed: 4/20/2016, Entered: None |
Order on Motion to seal |
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ENDORSED ORDER granting 315 Plaintiff's Unopposed Motion to Seal Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes and granting 317 Defendants' Motion for Leave to File Under Seal. Additionally, the Court notes Plaintiff submitted an additional filing that it incorrectly docketed as a motion instead of a memorandum of law despite Plaintiff correctly titling it as 316 Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes. Again, the parties are urged to file their submissions properly as the Undersigned previously indicated. See ECF No. 202. Signed by Magistrate Judge Jonathan Goodman on 4/20/2016. (mda) (Entered: 04/20/2016)
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Request |
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| 327 |
Filed: 4/19/2016, Entered: None |
Order |
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ENDORSED ORDER regarding additional improper designations of memoranda as motions.Defendants correctly titled its filing as a Memorandum in Opposition to Plaintiff's Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain. But the person who did the actual filing on CM/ECF incorrectly designated the memorandum as a "motion," which causes the system to place a gavel on the Court's internal docket sheet. Not only was it incorrectly designated as a motion, but the motion and the corresponding exhibits were filed as nine separate motions.A gavel on the docket sheet indicates that a motion has been filed and needs to be ruled upon. The Undersigned notes that this is not the first time the parties here have incorrectly classified a memorandum as a motion when filing a submission on CM/ECF, nor is it the first time that this issue is addressed. [ECF No. 202]. The Undersigned's law clerk has now arranged to remove the gavels (because no motion has been filed), but the parties are again urged to make sure that they (or the persons to whom they delegate the task of actually filing a submission on CM/ECF) use the correct tool to accurately label submissions. Signed by Magistrate Judge Jonathan Goodman on 4/19/2016. (mda) (Entered: 04/19/2016)
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 326 [motion] restricted/sealed until further notice. (1004481)
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 325 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 324 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 323 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 322 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 321 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 320 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/19/2016, Entered: None |
Description not available |
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Request |
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Filed: 4/19/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 319 [motion] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 4/18/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 318 [motion] restricted/sealed until further notice. (1004481)
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Request |
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| 317 |
Filed: 4/18/2016, Entered: None |
Motion to Seal |
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Unopposed MOTION to Seal Defendants' Motion for Leave to File Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 04/18/2016)
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Request |
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Filed: 4/18/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 316 [motion] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 4/18/2016, Entered: None |
Description not available |
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Request |
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| 315 |
Filed: 4/18/2016, Entered: None |
Motion to Seal |
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Plaintiff's MOTION to Seal Plaintiff's Unopposed Motion to Seal Plaintiff's Memorandum of Law In Opposition to Defendants' Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch and Henry Fuentes, and Exhibits Thereto per Local Rule 5.4 by Companhia Energtica Potiguar. (Attachments: # 1 Text of Proposed Order) (Leto, Matthew) (Entered: 04/18/2016)
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Request |
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| 314 |
Filed: 4/14/2016, Entered: None |
Order on Motion to seal |
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ENDORSED ORDER granting 297 CEP's Unopposed Motion to Seal Exhibits to Plaintiff's Motion In Limine and granting 298 CAT's Unopposed Motion for Leave to File Under Seal. Also, the parties are required to hand-deliver two courtesy copies (one for the Undersigned and one for the law clerk assigned to the case) of their 300 301 motions to exclude experts and the exhibits, as well as any future responses, replies, and additional exhibits, in organized and tabbed binders. Signed by Magistrate Judge Jonathan Goodman on 4/14/2016. (mda) (Entered: 04/14/2016)
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Request |
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| 313 |
Filed: 4/13/2016, Entered: None |
Order on Emergency Motion/Certification of Emergency |
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ORDER denying 311 Defendants' "Emergency" Motion to Stay Enforcement of April 9, 2016 Order. Signed by Magistrate Judge Jonathan Goodman on 4/13/2016. (mda) (Entered: 04/13/2016)
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Request |
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| 312 |
Filed: 4/13/2016, Entered: None |
Order Referring Motion |
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PAPERLESS ORDER REFERRING 300 SEALED MOTION to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 301 Plaintiff's SEALED MOTION In Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain, Pursuant to Federal Rules of Evidence 402, 403, and 702 filed by Companhia Energtica Potiguar, 297 Plaintiff's MOTION to Seal Exhibits to Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain per Local Rule 5.4 filed by Companhia Energtica Potiguar, 298 MOTION to Seal Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes per Local Rule 5.4 filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Motions referred to Judge Jonathan Goodman Signed by Judge Jose E. Martinez on 4/13/2016. (rkn) (Entered: 04/13/2016)
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Request |
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| 311 |
Filed: 4/12/2016, Entered: None |
Emergency Motion/Certification of Emergency |
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EMERGENCY MOTION with Certification of Emergency attached to Stay Enforcement of Magistrate Judge's April 9, 2016 Order by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 4/29/2016 (Attachments: # 1 Certification of Emergency)(Davant, Charles) (Entered: 04/12/2016)
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Request |
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| 310 |
Filed: 4/11/2016, Entered: None |
Order on motion for clarification |
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ENDORSED ORDER granting 309 Plaintiffs' Motion for Clarification concerning discovery order concerning Mr. Fuentes' errata sheet [ECF No. 308].Before clarifying the Order, I will first note that the Order did not, as Plaintiffs say in their motion, "order" that a supplemental deposition take place. Instead, I merely gave Defendants the opportunity to take another deposition, limited to the issues specified in the Order. The phrasing was hardly mandatory (i.e., "will permit" a deposition). Defendants need not take the deposition if they do not want to.Second, although Plaintiffs note in their motion that the hearing notice and briefing (which was limited to responding to specific questions I posed) did not specifically mention the alternate relief of taking another deposition, that concept was, in fact, discussed several times at the hearing.So here is the clarification: there is no time limit, other than the presumptive one of seven hours. Of course, there is a practical restriction -- the limited subject matter of the deposition. Signed by Magistrate Judge Jonathan Goodman on 4/11/2016. (JG) (Entered: 04/11/2016)
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Request |
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| 309 |
Filed: 4/11/2016, Entered: None |
Motion for Clarification |
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Plaintiff's MOTION for clarification 308 Order,,,,,,,,, by Companhia Energtica Potiguar. Responses due by 4/28/2016 (Attachments: # 1 Text of Proposed Order)(Leto, Matthew) (Entered: 04/11/2016)
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Request |
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| 308 |
Filed: 4/9/2016, Entered: None |
Order |
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ORDER re 289 Notice (Other) filed by Companhia Energtica Potiguar, 307 Memorandum filed by Companhia Energtica Potiguar, 282 Order, Set/Reset Hearings,, 284 Joint MOTION to Continue Hearing Date filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 293 Notice (Other) filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 306 Memorandum, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 299 Order, 286 Notice of Hearing by Attorney filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 287 Notice (Other) filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 285 Order on Motion to Continue.This order concerns Henry Fuentes' errata sheet.Defendants want the Court to strike the errata sheet of Henry Fuentes, Plaintiff's damages expert. The Undersigned denies the request. However, given that (1) the issue arose in connection with a deposition taken before the discovery deadline expired, (2) the case is currently not on a trial calendar, and (3) the parties estimate that the trial will last at least several weeks and it therefore seems highly unlikely that a trial will occur within the next four or five months (at a minimum), the Undersigned will permit Defendants to take another deposition of Fuentes before Wednesday, April 20, 2016. The deposition will be limited to the documents and materials listed in his errata sheet, how (specifically) they relate to his conclusions and form the basis for his opinions and conclusions, how the documents were used to formulate the opinions and conclusions in his initial report, how he could have relied on documents not provided to him at the time of his initial written report and the circumstances under which he submitted an errata sheet. The reasons for my decision to permit another deposition of Fuentes are fact-specific and are based on the unique circumstances presented here. This order should therefore not be used to support additional requests to take additional depositions of experts in this case merely because they, too, submitted errata sheets. Signed by Magistrate Judge Jonathan Goodman on 4/9/2016. (JG) (Entered: 04/09/2016)
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Request |
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| 307 |
Filed: 4/8/2016, Entered: None |
MEMORANDUM |
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MEMORANDUM of Law re 299 Order Response to Post-Discovery Hearing by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leto, Matthew) (Entered: 04/08/2016)
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Request |
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| 306 |
Filed: 4/8/2016, Entered: None |
MEMORANDUM |
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MEMORANDUM of Law Defendants' Memorandum of Law in Support of Finding that an Expert Witness May Not Provide "Supplemental" Testimony After Discovery Closes Without Leave of Court and that a Court May Strike Part of an Errata Sheet by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit 1)(Davant, Charles) (Entered: 04/08/2016)
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Request |
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| 305 |
Filed: 4/6/2016, Entered: None |
transcript |
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TRANSCRIPT of Discovery Hearing held on 04/01/2016 before Magistrate Judge Jonathan Goodman, 1-89 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2016. Redacted Transcript Deadline set for 5/12/2016. Release of Transcript Restriction set for 7/8/2016. (sf) (Entered: 04/06/2016)
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Request |
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| 304 |
Filed: 4/4/2016, Entered: None |
Order on Motion to seal |
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PAPERLESS ORDER granting 302 Motion to Seal. The Motion for Summary Judgment, (2) Exhibits (1-44) in support of the Motion for Summary Judgment, and (3) Defendants' Statement of Material Facts shall remain under seal until further order of this Court. Signed by Judge Jose E. Martinez on 4/4/2016. (rkn) (Entered: 04/04/2016)
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Request |
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Filed: 4/1/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 303 [motion] restricted/sealed until further notice. (1004481)
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Request |
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| 302 |
Filed: 4/1/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Motion for Summary Judgment per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 04/01/2016)
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Request |
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Filed: 4/1/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 301 [motion] restricted/sealed until further notice. (1018816)
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Request |
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Filed: 4/1/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 300 [motion] restricted/sealed until further notice. (1004481)
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Request |
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| 299 |
Filed: 4/1/2016, Entered: None |
Order |
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Post-Discovery Hearing Administrative ORDER concerning the discovery hearing held on 4/1/2016. Signed by Magistrate Judge Jonathan Goodman on 4/1/2016. (mda) (Entered: 04/01/2016)
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Request |
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| 298 |
Filed: 4/1/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Motion to Exclude the Opinions and Testimony of John Poulson, Ole Haaland, Joseph Crosson, James Fitch, and Henry Fuentes per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 04/01/2016)
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Request |
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| 297 |
Filed: 4/1/2016, Entered: None |
Motion to Seal |
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Plaintiff's MOTION to Seal Exhibits to Motion in Limine to Preclude Expert Testimony of Michael Minks, Nathan Rasmussen, Alan Daniel, David Nycz, Brian Howe, Esteban Arroyave, and Reza Nikain per Local Rule 5.4 by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 04/01/2016)
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Request |
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| 296 |
Filed: 4/1/2016, Entered: None |
discovery hearing |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 4/1/2016. (Digital 15:30:16.) (mso) (Entered: 04/01/2016)
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Request |
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Filed: 4/1/2016, Entered: None |
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Set/Reset Deadlines/Hearings as to DE 295 : Responses due by 5/2/2016. Replies due by 5/17/2016. (lk)
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Request |
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Filed: 4/1/2016, Entered: None |
Description not available |
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Request |
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Filed: 4/1/2016, Entered: None |
Set/Reset Motion/R&R Deadlines and Hearings |
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Request |
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| 295 |
Filed: 3/31/2016, Entered: None |
Order |
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PAPERLESS ORDER granting in part 290 Plaintiff's "EMERGENCY" Unopposed Motion for Enlargement of Time of Briefing Schedule for Summary Judgment Motions, to the extent set forth herein. Each side's response to the opposing Motion for Summary Judgment shall be filed on or before May 2, 2016, with replies filed on or before May 17, 2016. Signed by Judge Jose E. Martinez on 3/31/2016. (rkn) (Entered: 03/31/2016)
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Request |
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| 294 |
Filed: 3/31/2016, Entered: None |
order on motion for miscellaneous relief |
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PAPERLESS ORDER denying without prejudice 253 Motion Requesting Pretrial Conference. Given that this Court has not yet reset the unexpired pretrial deadlines and trial date in this action 258, Defendants' request for a pretrial conference is premature at this time. As such, the Court will revisit any potential need for a pretrial conference at a later date. Signed by Judge Jose E. Martinez on 3/31/2016. (rkn) (Entered: 03/31/2016)
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Request |
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| 293 |
Filed: 3/30/2016, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Defendants' Supplemental Notice of Authorities (Davant, Charles) (Entered: 03/30/2016)
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Request |
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| 292 |
Filed: 3/29/2016, Entered: None |
Order |
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ENDORSED ORDER clarifying 291 the Undersigned's endorsed order denying 290 CEP's Emergency Opposed Motion for Leave to File Additional Excess Pages, and Unopposed Motion for Enlargement of Briefing Schedule for Summary Judgment and Daubert motions. The Undersigned denies CEP's emergency opposed motion requesting leave to file additional excess pages for its omnibus Daubert motion. I also deny the unopposed request for enlargement of time to file both the responses and the replies to the soon-to-be-filed Daubert motions. However, CEP's unopposed request for an enlargement of time to file the responses and replies to the summary judgment motions remains pending. Signed by Magistrate Judge Jonathan Goodman on 3/29/2016. (mda) (Entered: 03/29/2016)
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Request |
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| 291 |
Filed: 3/29/2016, Entered: None |
Order on Emergency Motion/Certification of Emergency |
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ENDORSED ORDER denying 290 in its entirety Plaintiff's "Emergency" Motion/Certification of Emergency. No additional pages are permitted and no enlargements of time are being provided. Signed by Magistrate Judge Jonathan Goodman on 3/29/2016. (JG) (Entered: 03/29/2016)
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Request |
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| 290 |
Filed: 3/29/2016, Entered: None |
Emergency Motion/Certification of Emergency |
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Plaintiff's EMERGENCY MOTION with Certification of Emergency attached Motion for Leave to File Additional Excess Pages, and Unopposed Motion for Enlargement of Time of Briefing Schedule for Summary Judgment and Daubert Motions by Companhia Energtica Potiguar. Responses due by 4/15/2016 (Attachments: # 1 Certification Certification of Emergency, # 2 Text of Proposed Order Proposed Order, # 3 Certification Certificate of Service)(Leto, Matthew) (Entered: 03/29/2016)
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Request |
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| 289 |
Filed: 3/23/2016, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 286 Notice of Hearing by Attorney (Leto, Matthew) (Entered: 03/23/2016)
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Request |
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| 288 |
Filed: 3/16/2016, Entered: None |
Order |
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Discovery ORDER on Plaintiff's Efforts to Claw Back Documents. Signed by Magistrate Judge Jonathan Goodman on 3/16/2016. (mda) (Entered: 03/16/2016)
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Request |
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| 287 |
Filed: 3/10/2016, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice of Authority (Davant, Charles) (Entered: 03/10/2016)
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Request |
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| 286 |
Filed: 3/10/2016, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/1/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 03/10/2016)
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Request |
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| 285 |
Filed: 3/10/2016, Entered: None |
Order on Motion to continue |
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ENDORSED ORDER granting 284 the Joint Motion to Continue Date of Hearing. The Undersigned is rescheduling the discovery hearing to April 1, 2016 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Defendants shall file the appropriate Notice of Hearing indicating the discovery issues to be considered at the hearing. Signed by Magistrate Judge Jonathan Goodman on 3/10/2016. (mda) (Entered: 03/10/2016)
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Request |
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| 284 |
Filed: 3/9/2016, Entered: None |
Motion to Continue |
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Joint MOTION to Continue Hearing Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 3/28/2016 (Attachments: # 1 Affidavit Beeber Aff. in Support of Joint Motion To Continue Hearing)(Davant, Charles) (Entered: 03/09/2016)
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Request |
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| 283 |
Filed: 3/9/2016, Entered: None |
Order on Motion to seal |
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ENDORSED ORDER concerning 280 Defendants' Motion for Leave to File under Seal. Defendants filed a motion seeking leave to file under seal an unredacted version of an exhibit included in their memorandum of law. The Undersigned grants the request to file the exhibit under seal. However, the Court notes that Defendants' motion states that Defendants filed the motion "[a]t the Court's direction" and that "[o]n March 8, 2016, the Court directed Defendants to file under seal an unredacted version of that same exhibit." Defendants have incorrectly claimed that the Court directed them to file the instant motion when instead defense counsel had an informal conversation with the Undersigned's law clerk. Defense counsel contacted Chambers to inquire whether Defendants' previous submission of the unredacted version of the exhibit via email is sufficient or whether Defendants should file a motion to submit the unredacted version under seal. As was stated during the telephone conversation, requiring Chambers to search for an attachment to a previous email is unnecessarily burdensome on the Court. Further, counsel was told that if Defendants want the Court to consider an unredacted version of an exhibit they attached to its memorandum, then it should be a part of the official record. Thus, this informal conversation may have implicitly given notice that a motion to seal might be appropriate, but in no way did my law clerk require or direct the filing of such a motion. Speaking to my law clerks on the telephone is a courtesy. Some judges prohibit it. I permit it, but the conversations are not designed to be a method for counsel to obtain advice or to construe an informal comment as an order. Counsel are not permitted to seek advice. Any effort to seek legal advice or to incorrectly claim that a conversation constitutes a court order may lead in a case-specific rule banning all telephone calls to Chambers. Signed by Magistrate Judge Jonathan Goodman on 3/9/2016. (mda) (Entered: 03/09/2016)
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Request |
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| 282 |
Filed: 3/8/2016, Entered: None |
Order |
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ENDORSED ORDER scheduling a Discovery Hearing for March 11, 2016 at 01:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Defendants' shall, by March 10, 2016, file a Notice of Hearing specifying the discovery issues to be considered at the hearing. Signed by Magistrate Judge Jonathan Goodman on 3/8/2016. (mda) (Entered: 03/08/2016)
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Request |
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Filed: 3/8/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 281 [misc] restricted/sealed until further notice. (1004481)
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Request |
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Filed: 3/8/2016, Entered: None |
Description not available |
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Request |
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| 280 |
Filed: 3/8/2016, Entered: None |
Motion to Seal |
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MOTION to Seal Defendants' Motion for Leave To File Unredacted Exhibit Under Seal per Local Rule 5.4 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 03/08/2016)
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Request |
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| 279 |
Filed: 3/7/2016, Entered: None |
MEMORANDUM |
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MEMORANDUM of Law re 269 Order In Support of Finding Waiver of Privilege by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (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)(Davant, Charles) (Entered: 03/07/2016)
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Request |
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| 278 |
Filed: 3/7/2016, Entered: None |
Order |
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ENDORSED ORDER granting 250 Joint Motion for Leave to Exceed Page Limit in Daubert briefing. The parties may file a single, consolidated Daubert motion limited to 40 double-spaced pages, excluding signature block and certificate of service. Each party may also file a single response that is limited to 40 double-spaced pages, excluding signature block and certificate of service, and a reply that is limited to 15 double-spaced pages, excluding signature block and certificate of service. No further requests to enlarge the page limit shall be granted absent compelling circumstances bordering on an emergency. Signed by Magistrate Judge Jonathan Goodman on 3/7/2016. (mda) (Entered: 03/07/2016)
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Request |
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| 277 |
Filed: 3/7/2016, Entered: None |
MEMORANDUM |
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MEMORANDUM of Law re 269 Order Regarding Clawed Back Documents by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F", # 7 Exhibit "G")(Leto, Matthew) (Entered: 03/07/2016)
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Request |
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| 276 |
Filed: 3/7/2016, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 274 Order,,,, Regarding Daubert Briefing (Leto, Matthew) (Entered: 03/07/2016)
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Request |
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| 275 |
Filed: 3/7/2016, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice regarding Daubert Briefing (Davant, Charles) (Entered: 03/07/2016)
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Request |
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| 274 |
Filed: 3/4/2016, Entered: None |
Order |
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ENDORSED ORDER re 272 Order on Motion for Leave to File Excess Pages,,,, 250 Joint MOTION for Leave to File Excess Pages Joint Motion for Leave to Exceed Page Limit in Summary Judgment and Daubert Briefing filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. In their motion for additional pages for Daubert briefing, the parties have not explained how many experts they anticipate will be challenged in the motion practice. U.S. District Judge Jose E. Martinez referred [ECF No. 272] that matter to me. In order to determine whether excess pages are warranted, and, if so, to what extent, the Undersigned needs to know how many experts the parties will be analyzing in the anticipated Daubert briefing. A 40-page motion concerning a challenge to only one expert will be evaluated differently than a an equally-long motion challenging three separate experts.Therefore, the parties shall clarify this point by filing a brief notice by March 7, 2016. The notice need not be more than one sentence. Signed by Magistrate Judge Jonathan Goodman on 3/4/2016. (JG) (Entered: 03/04/2016)
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Request |
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| 273 |
Filed: 3/4/2016, Entered: None |
Order Referring Motion |
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PAPERLESS ORDER REFERRING 250 JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN DAUBERT BRIEFING to Magistrate Judge Jonathan Goodman. Signed by Judge Jose E. Martinez on 3/4/2016. (rkn) (Entered: 03/04/2016)
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Request |
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| 272 |
Filed: 3/4/2016, Entered: None |
Order on Motion for Leave to File Excess Pages |
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PAPERLESS ORDER granting in part and denying in part 250 Motion for Leave to File Excess Pages. After careful consideration, due to the complex nature of this case, it is hereby ORDERED AND ADJUDGED THAT: Each side may file a single Motion for Summary Judgment, not to exceed thirty (30) pages in length; the accompanying Statement of Material Facts shall not exceed fifteen (15) pages; the Opposition to any Motion for Summary Judgment shall not exceed thirty (30) pages; the Counter-Statement of Material Facts accompanying any Opposition shall not exceed fifteen (15) pages; any Reply in Support of a Motion for Summary Judgment shall not exceed twelve (12) pages; and any response to additional Material Facts propounded by the non-movant accompanying the Reply shall not exceed five (5) pages in length. Finally, the parties' request to exceed the page limits in their respective Daubert briefing will be addressed by Magistrate Judge Goodman by separate order. Signed by Judge Jose E. Martinez on 3/4/2016. (rkn) Modified on 3/4/2016 (ch1). (Entered: 03/04/2016)
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Request |
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| 271 |
Filed: 3/2/2016, Entered: None |
Mediation Report |
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FINAL MEDIATION REPORT by Brian F. Spector. Disposition: Case did not settle.(Spector, Brian) (Entered: 03/02/2016)
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Request |
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| 270 |
Filed: 2/24/2016, Entered: None |
discovery hearing |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 2/24/2016. (Digital 15:09:03.) (mso) (Entered: 02/25/2016)
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Request |
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| 269 |
Filed: 2/24/2016, Entered: None |
Order |
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Post-Discovery Hearing Administrative ORDER concerning hearing held on February 24, 2016. Signed by Magistrate Judge Jonathan Goodman on 2/24/2016. (mda) (Entered: 02/24/2016)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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 268 |
Filed: 2/23/2016, Entered: None |
Order |
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ORDER concerning the thirteen email chains filed under seal pursuant to the Court's request. Signed by Magistrate Judge Jonathan Goodman on 2/23/2016. (mda) (Entered: 02/23/2016)
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| 267 |
Filed: 2/19/2016, Entered: None |
Order on Motion For Leave to File. |
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ENDORSED ORDER denying as moot 264 Defendants' Request for Permission to Submit Documents to the Court, as Defendants have already submitted the documents to Chambers. Signed by Magistrate Judge Jonathan Goodman on 2/19/2016. (mda) (Entered: 02/19/2016)
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Request |
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| 266 |
Filed: 2/19/2016, Entered: None |
Response to motion |
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RESPONSE to Motion re 264 MOTION for Leave to File Documents to the Court filed by Companhia Energtica Potiguar. Replies due by 2/29/2016. (Leto, Matthew) (Entered: 02/19/2016)
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Request |
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| 265 |
Filed: 2/16/2016, Entered: None |
Order |
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ENDORSED ORDER requiring Plaintiff to file a response to Defendants' Request for Permission to Submit Documents to the Court, limited to three double-spaced pages (excluding the signature block and certificate of service) by February 19, 2016. Plaintiff's response shall not be a substantive response to the underlying discovery disputes. Instead, the response shall target Defendants' underlying procedural motion seeking leave to submit additional documents to the Court. No reply absent further specific Court order. Signed by Magistrate Judge Jonathan Goodman on 2/16/2016. (mda) (Entered: 02/16/2016)
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Request |
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| 264 |
Filed: 2/16/2016, Entered: None |
Motion for Leave to File |
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MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 02/16/2016)
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Request |
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| 263 |
Filed: 2/12/2016, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/24/2016 03:15 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 02/12/2016)
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Request |
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| 262 |
Filed: 2/11/2016, Entered: None |
transcript |
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TRANSCRIPT of discovery hearing held on 1-29-2016 before Magistrate Judge Jonathan Goodman, 1-37 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2016. Redacted Transcript Deadline set for 3/17/2016. Release of Transcript Restriction set for 5/16/2016. (dwh) (Entered: 02/11/2016)
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Request |
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| |
Filed: 2/10/2016, Entered: None |
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SYSTEM ENTRY - Docket Entry 261 [misc] restricted/sealed until further notice. (1018816)
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Request |
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| |
Filed: 2/10/2016, Entered: None |
Description not available |
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Request |
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| 260 |
Filed: 2/10/2016, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 244 Order (Attachments: # 1 Exhibit Declaration of Sarah Park) (Leto, Matthew) (Entered: 02/10/2016)
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Request |
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| 259 |
Filed: 2/5/2016, Entered: None |
Order |
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ORDER Cancelling Deadline/Hearing. Signed by Judge Jose E. Martinez on 2/5/2016. (wh) (Entered: 02/05/2016)
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Request |
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| 258 |
Filed: 2/5/2016, Entered: None |
Order on Emergency Motion/Certification of Emergency |
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ORDER granting in part 239 Emergency Motion/Certification of Emergency ; Affirming and Adopting Report and Recommendations re 252 . Previous Calendar Call and Trial Dates are hereby CANCELLED. Signed by Judge Jose E. Martinez on 2/5/2016. (wh) (Entered: 02/05/2016)
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Request |
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| 257 |
Filed: 2/5/2016, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/24/2016 03:15 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 02/05/2016)
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Request |
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| 256 |
Filed: 2/4/2016, Entered: None |
Order on motion for clarification |
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ENDORSED ORDER granting 254 Defendants' Unopposed Motion for Clarification of Post-Hearing Administrative Order. The Court clarifies that, even though Defendants withdrew Defendants' Issue #3 from the Court's consideration at the discovery hearing, the parties have not resolved that issue. Signed by Magistrate Judge Jonathan Goodman on 2/4/2016. (mda) Modified text on 2/4/2016 (wc). (Entered: 02/04/2016)
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Request |
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| 255 |
Filed: 2/3/2016, Entered: None |
Response to motion |
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RESPONSE to Motion re 253 MOTION Requesting Pretrial Conference filed by Companhia Energtica Potiguar. Replies due by 2/16/2016. (Leto, Matthew) (Entered: 02/03/2016)
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Request |
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| 254 |
Filed: 2/3/2016, Entered: None |
Motion for Clarification |
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MOTION for clarification 252 REPORT AND RECOMMENDATIONS re 241 Response in Opposition to Motion, filed by Companhia Energtica Potiguar, 245 Response/Reply (Other), filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO., 246 Order Motion to clarify Report and Recommendations by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/22/2016 (Davant, Charles) (Entered: 02/03/2016)
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Request |
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| 253 |
Filed: 2/2/2016, Entered: None |
Motion for Miscellaneous Relief |
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MOTION Requesting Pretrial Conference by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 02/02/2016)
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Request |
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| 252 |
Filed: 2/1/2016, Entered: None |
Order |
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Post-Hearing Administrative ORDER and REPORT AND RECOMMENDATIONS on Defendants' Emergency Motion. Signed by Magistrate Judge Jonathan Goodman on 2/1/2016. (mda) (Entered: 02/01/2016)
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Request |
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| 251 |
Filed: 1/29/2016, Entered: None |
Status Conference |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Status Conference re Motion Hearings held on 1/29/2016. (Digital 14:26:21.) (mso) (Entered: 01/29/2016)
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Request |
|
|
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| 250 |
Filed: 1/29/2016, Entered: None |
Motion for Leave to File Excess Pages |
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Joint MOTION for Leave to File Excess Pages Joint Motion for Leave to Exceed Page Limit in Summary Judgment and Daubert Briefing by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Davant, Charles) (Entered: 01/29/2016)
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Request |
|
|
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| 249 |
Filed: 1/28/2016, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 01/28/2016)
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Request |
|
|
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| 248 |
Filed: 1/28/2016, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date Notice of Filing of Exhibits (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27, # 18 Exhibit 28) (Davant, Charles) (Entered: 01/28/2016)
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Request |
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|
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| 247 |
Filed: 1/28/2016, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date Notice of Filing of Exhibits (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, # 10 Exhibit 10) (Davant, Charles) (Entered: 01/28/2016)
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Request |
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| 246 |
Filed: 1/28/2016, Entered: None |
Order |
|
ENDORSED ORDER concerning Defendants' Opposed Emergency Motion for a Short Continuance of Pretrial Deadlines and Trial Date. Defendants' motion makes repeated references to exhibits which are not attached and were not submitted to the Court as background material for the hearing. Therefore, they are unavailable for the Court to review. For example, Defendants identify their First Set of Requests for Production as "Ex. 1" (on page 5 of their motion) and also refer to Exhibits 2, 7, 8, 4, and 28 (on page 6 of their motion), but they do not refer, on those pages or any earlier page, to any of the intervening exhibits such as Exhibits 3, 5, 6, and 9 - 27. Defendants shall file all exhibits mentioned in their emergency motion by 5:00 PM today, 1/28/2016, so that the Court may review them before tomorrow's hearing. Defendants shall also hand deliver a courtesy copy of all exhibits referenced in their emergency motion by 10:00 AM tomorrow, 1/29/2016. Signed by Magistrate Judge Jonathan Goodman on 1/28/2016. (mda) (Entered: 01/28/2016)
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Request |
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| 245 |
Filed: 1/28/2016, Entered: None |
Response/Reply (Other) |
|
RESPONSE/REPLY to 241 Response in Opposition to Motion, Reply in Support of Emergency Motion for Short Continuance of Pretrial Deadlines and Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davant, Charles) (Entered: 01/28/2016)
|
|
Request |
|
|
|
| 244 |
Filed: 1/27/2016, Entered: None |
Order |
|
ORDER concerning discovery issues considered at the hearing held on December 18, 2016. Signed by Magistrate Judge Jonathan Goodman on 1/27/2016. (mda) (Entered: 01/27/2016)
|
|
Request |
|
|
|
| 243 |
Filed: 1/27/2016, Entered: None |
Order |
|
ENDORSED ORDER changing the start time from 3:30 PM to 2:30 PM for the discovery hearing schedule for 1/29/2016. Additionally, the Undersigned is scheduling a hearing on Defendants' Opposed Emergency Motion for a Short Continuance of Pretrial Deadlines and Trial Date also for 1/29/2016 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall adhere to the deadlines imposed by United States District Judge Jose E. Martinez's Order. [ECF No. 240]. The reply shall be filed by 1/28/2016 at 11:00 AM. Signed by Magistrate Judge Jonathan Goodman on 1/27/2016. (mda) (Entered: 01/27/2016)
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Request |
|
|
|
| 242 |
Filed: 1/27/2016, Entered: None |
Order Referring Motion |
|
PAPERLESS ORDER REFERRING 239 Emergency Motion to Magistrate Judge Goodman for a Report and Recommendations on the merits of the arguments proffered in support of the emergency motion and those arguments submitted in opposition. Magistrate Judge Goodman shall also recommend whether a trial continuance is warranted and, if so, for what reasons and for what duration. Signed by Judge Jose E. Martinez on 1/27/2016. (rkn) (Entered: 01/27/2016)
|
|
Request |
|
|
|
| 241 |
Filed: 1/27/2016, Entered: None |
response in opposition to motion |
|
RESPONSE in Opposition re 239 Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date filed by Companhia Energtica Potiguar. Replies due by 2/8/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Leto, Matthew) (Entered: 01/27/2016)
|
|
Request |
|
|
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| 240 |
Filed: 1/26/2016, Entered: None |
Order on Emergency Motion/Certification of Emergency |
|
ENDORSED ORDER requiring an EXPEDITED RESPONSE to 239 Defendants' filing entitled "EMERGENCY OPPOSED MOTION FOR A SHORT CONTINUANCE OF PRETRIAL DEADLINES AND TRIAL DATE." Plaintiff shall respond to 239 on or before 1/27/16 at 5:00 PM. Defendants shall file any reply on or before 1/28/16 at 11:00 AM. The parties are reminded to adhere to the page and spacing limitations designated in the Local Rules. Signed by Judge Jose E. Martinez on 1/26/2016. (rkn) (Entered: 01/26/2016)
|
|
Request |
|
|
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| 239 |
Filed: 1/25/2016, Entered: None |
Emergency Motion/Certification of Emergency |
|
Defendant's EMERGENCY MOTION with Certification of Emergency attached Motion for Short Continuance of Pretrial Deadlines and Trial Date by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/11/2016 (Attachments: # 1 Certificate of Emergency, # 2 Text of Proposed Order Proposed Order, # 3 Declaration in Support, # 4 Certificate of Service)(Davant, Charles) (Entered: 01/25/2016)
|
|
Request |
|
|
|
| 238 |
Filed: 1/25/2016, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 01/25/2016)
|
|
Request |
|
|
|
| 237 |
Filed: 1/25/2016, Entered: None |
Notice (other) |
|
NOTICE by Companhia Energtica Potiguar re 208 Order on Motion to Continue,, Parties' Joint Notice of Filing Selection of Mediator (Attachments: # 1 Exhibit Proposed Order) (Leto, Matthew) (Entered: 01/25/2016)
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Request |
|
|
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| 236 |
Filed: 1/20/2016, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 235 Notice of Hearing by Attorney Notice of Authorities (Davant, Charles) (Entered: 01/20/2016)
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Request |
|
|
|
| 235 |
Filed: 1/20/2016, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/29/2016 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 01/20/2016)
|
|
Request |
|
|
|
| 234 |
Filed: 1/20/2016, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 233 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) PAUL E. POIROT. Signed by Judge Jose E. Martinez on 1/20/2016. (lrz) (Entered: 01/20/2016)
|
|
Request |
|
|
|
| 233 |
Filed: 1/19/2016, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul E. Poirot. Filing Fee $ 75.00. Receipt # 113C-8409216 by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 2/5/2016 (Cook, Kimberly) (Entered: 01/19/2016)
|
|
Request |
|
|
|
| 232 |
Filed: 1/15/2016, Entered: None |
Response/Reply (Other) |
|
RESPONSE/REPLY to 231 Memorandum by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 01/15/2016)
|
|
Request |
|
|
|
| 231 |
Filed: 1/11/2016, Entered: None |
MEMORANDUM |
|
MEMORANDUM in Support re 226 Order, 228 Order on Motion for Extension of Time of Plaintiff's Assertion of Privilege in its Second and Fourth Privilege Logs by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 01/11/2016)
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|
Request |
|
|
|
| 230 |
Filed: 1/11/2016, Entered: None |
Order on motion for extension of time |
|
PAPERLESS ORDER granting 229 Motion for Extension of Time ONLY to the extent that Defendants shall be permitted to take the depositions of Ole Haaland and Otoniel Santos on or before January 31, 2016. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 1/11/2016. (rkn) (Entered: 01/11/2016)
|
|
Request |
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|
|
| 229 |
Filed: 1/11/2016, Entered: None |
Motion for Extension of Time |
|
Joint MOTION for Extension of Time to complete depositions of Ole Haaland and Otoniel Santos by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 1/28/2016 (Davant, Charles) (Entered: 01/11/2016)
|
|
Request |
|
|
|
| 228 |
Filed: 1/8/2016, Entered: None |
Order on motion for extension of time |
|
ORDER granting 227 Joint Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 1/8/2016. (mda) (Entered: 01/08/2016)
|
|
Request |
|
|
|
| 227 |
Filed: 1/7/2016, Entered: None |
Motion for Extension of Time |
|
Joint MOTION for Extension of Time to File Memoranda of Law Pursuant to ECF 226 and to Advise Plaintiff of Distribution Information Pursuant to ECF 217 re 226 Order, 217 Order by Companhia Energtica Potiguar. Responses due by 1/25/2016 (Attachments: # 1 Exhibit Proposed Order)(Leto, Matthew) (Entered: 01/07/2016)
|
|
Request |
|
|
|
| 226 |
Filed: 1/6/2016, Entered: None |
Order |
|
ORDER requiring factual clarification. Signed by Magistrate Judge Jonathan Goodman on 1/6/2016. (mda) (Entered: 01/06/2016)
|
|
Request |
|
|
|
| 225 |
Filed: 12/30/2015, Entered: None |
transcript |
|
TRANSCRIPT of Telephonic Miscellaneous Hearing (Transcribed from the Digital Audio Recording) held on December 22, 2015, before Magistrate Judge Jonathan Goodman, 1-6 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 18:33:34.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016. (le) (Entered: 12/30/2015)
|
|
Request |
|
|
|
| 224 |
Filed: 12/30/2015, Entered: None |
transcript |
|
TRANSCRIPT of Discovery Hearing (Transcribed from the Digital Audio Recording) held on December 18, 2015, before Magistrate Judge Jonathan Goodman, 1-189 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:30:33.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016. (le) (Entered: 12/30/2015)
|
|
Request |
|
|
|
| 223 |
Filed: 12/29/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. Notice of Trial Conflict (Cook, Kimberly) (Entered: 12/29/2015)
|
|
Request |
|
|
|
| 222 |
Filed: 12/28/2015, Entered: None |
Notice (other) |
|
NOTICE by Companhia Energtica Potiguar re 217 Order Of Filing Redacted Exhibits (Attachments: # 1 Exhibit Declaration of Sarah Park attaching redacted Exhibits Pursuant to Court Order) (Leto, Matthew) (Entered: 12/28/2015)
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Request |
|
|
|
| |
Filed: 12/28/2015, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 221 [misc] restricted/sealed until further notice. (1018816)
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Request |
|
|
|
| |
Filed: 12/28/2015, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| |
Filed: 12/23/2015, Entered: None |
|
|
Set Deadlines Per DE#219 Miscellaneous Deadline 1/8/2016. (cqs)
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|
Request |
|
|
|
| |
Filed: 12/23/2015, Entered: None |
set/reset deadlines/hearings |
|
|
|
Request |
|
|
|
| 220 |
Filed: 12/22/2015, Entered: None |
Miscellaneous Hearing |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Miscellaneous Hearing held on 12/22/2015. Sarah S. Park for the Plaintiff. Maria R. Coor for the Defendants. (Digital 18:33:34 - 18:38:40.) (wc) (Entered: 12/23/2015)
|
|
Request |
|
|
|
| 219 |
Filed: 12/22/2015, Entered: None |
Order |
|
ENDORSED ORDER concerning the telephone hearing held on December 22, 2015. The parties informed the Undersigned that they have resolved Plaintiff's Issue #2 and it is no longer necessary to appoint a special master concerning that issue. Additionally, the Undersigned grants Defendants' unopposed ore tenus request to extend the deadline for providing Plaintiff the affidavit or declaration concerning the four employee-experts. Defendants shall have until January 8, 2016 to provide the affidavit or declaration. Signed by Magistrate Judge Jonathan Goodman on 12/22/2015. (mda) (Entered: 12/22/2015)
|
|
Request |
|
|
|
| 218 |
Filed: 12/21/2015, Entered: None |
Order |
|
ORDER scheduling a Telephonic Hearing concerning the appointment of a special master for 12/22/2015 at 06:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 12/21/2015. (mda) (Entered: 12/21/2015)
|
|
Request |
|
|
|
| 217 |
Filed: 12/21/2015, Entered: None |
Order |
|
Post-Discovery Hearing Administrative ORDER concerning hearing held on December 18, 2015. Signed by Magistrate Judge Jonathan Goodman on 12/21/2015. (mda) (Entered: 12/21/2015)
|
|
Request |
|
|
|
| 216 |
Filed: 12/18/2015, Entered: None |
discovery hearing |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 12/18/2015. (Digital 14:30:33.) (mso) (Entered: 12/21/2015)
|
|
Request |
|
|
|
| 215 |
Filed: 12/17/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 12/17/2015)
|
|
Request |
|
|
|
| 214 |
Filed: 12/17/2015, Entered: None |
Order on Motion For Leave to File. |
|
ENDORSED ORDER granting 212 Defendants' Request for Permission to Submit Documents to the Court. The Undersigned received the documents in the e-file inbox. Defendants shall bring three legible copies (one for the Undersigned, one for the law clerk assigned to the case, and one for Plaintiff's counsel) of their supporting document for Plaintiff's Issue #2 entitled "C2 - Davant Email Attachment - CAT878501 (Corrected Version)" to the discovery hearing scheduled for 12/18/2015. Signed by Magistrate Judge Jonathan Goodman on 12/17/2015. (mda) (Entered: 12/17/2015)
|
|
Request |
|
|
|
| 213 |
Filed: 12/17/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 210 Notice of Hearing by Attorney, 211 Notice of Hearing by Attorney - Notice of Authorities (Davant, Charles) (Entered: 12/17/2015)
|
|
Request |
|
|
|
| 212 |
Filed: 12/16/2015, Entered: None |
Motion for Leave to File |
|
MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 12/16/2015)
|
|
Request |
|
|
|
| 211 |
Filed: 12/11/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 12/11/2015)
|
|
Request |
|
|
|
| 210 |
Filed: 12/11/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 12/11/2015)
|
|
Request |
|
|
|
| 209 |
Filed: 12/3/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/18/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 12/03/2015)
|
|
Request |
|
|
|
| 208 |
Filed: 11/30/2015, Entered: None |
Order on Motion to continue |
|
ORDER granting in part 207 Motion to Continue Pretrial Deadlines and Trial Date. Discovery due by 1/29/2016. Expert Discovery due by 1/29/2016. Mediation Deadline 3/9/2016. Dispositive Motions due by 2/8/2016. In Limine Motions due by 3/21/2016. Motions due by 3/21/2016. Pretrial Stipulation due by 3/29/2016. Calendar Call set for 4/14/2016 01:30 PM in Miami Division before Judge Jose E. Martinez. Trial set for 4/18/2016 in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/30/2015. (lh) (Entered: 11/30/2015)
|
|
Request |
|
|
|
| 207 |
Filed: 11/24/2015, Entered: None |
Motion to Continue |
|
Joint MOTION to Continue Pretrial Deadlines and Trial Date re 177 Order on Motion to Continue, Order on Motion to Strike,,,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 12/11/2015 (Attachments: # 1 Declaration of Patrick J. Boyle, Esq., # 2 Declaration of Shawnna M. Yashar, # 3 Text of Proposed Order)(Davant, Charles) (Entered: 11/24/2015)
- Attachment 1 Declaration of Patrick J. Boyle, Esq
- Attachment 2 Declaration of Shawnna M. Yashar
- Attachment 3 Text of Proposed Order
|
|
Request |
|
|
|
| 206 |
Filed: 11/9/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 201 Order (Davant, Charles) (Entered: 11/09/2015)
|
|
Request |
|
|
|
| 205 |
Filed: 11/5/2015, Entered: None |
Order |
|
ORDER on Defendants' Common Interest Privilege Claim. Signed by Magistrate Judge Jonathan Goodman on 11/5/2015. (mda) (Entered: 11/05/2015)
|
|
Request |
|
|
|
| 204 |
Filed: 11/4/2015, Entered: None |
Order |
|
Post-Discovery Hearing Administrative ORDER concerning the telephonic discovery hearing held on November 3, 2015. Signed by Magistrate Judge Jonathan Goodman on 11/4/2015. (mda) (Entered: 11/04/2015)
|
|
Request |
|
|
|
| 203 |
Filed: 11/3/2015, Entered: None |
discovery hearing |
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 11/3/2015. (Digital 14:15:31.) (dgj) (Entered: 11/04/2015)
|
|
Request |
|
|
|
| 202 |
Filed: 11/3/2015, Entered: None |
Order |
|
ENDORSED ORDER regarding improper designations of memoranda as motions. In a 185 post-hearing discovery Order, the Undersigned directed Defendants to file a memorandum if they concluded, after reconsideration of the January 2015 emails, that certain emails are covered by the shared interest privilege. Defendants correctly filed their 191 memorandum of law. Plaintiff then filed its 198 memorandum of law in opposition, which they correctly titled as a memorandum of law. But the person who did the actual filing on CM/ECF incorrectly designated the memorandum as a "motion," which causes the system to place a gavel on the Court's internal docket sheet. A gavel on the docket sheet indicates that a motion has been filed and needs to be ruled upon. The Undersigned notes that this is not the first time the parties here have incorrectly classified a memorandum as a motion when filing a submission on CM/ECF. The Undersigned's law clerk has now arranged to remove the gavel (because no motion has been filed), but the parties are urged to make sure that they (or the persons to whom they delegate the task of actually filing a submission on CM/ECF) use the correct tool to accurately label the submission. Signed by Magistrate Judge Jonathan Goodman on 11/3/2015. (mda) (Entered: 11/03/2015)
|
|
Request |
|
|
|
| 201 |
Filed: 11/2/2015, Entered: None |
Order |
|
Post-Discovery Hearing Administrative ORDER for discovery hearing held on October 30, 2015. Signed by Magistrate Judge Jonathan Goodman on 11/2/2015. (mda) (Entered: 11/02/2015)
|
|
Request |
|
|
|
| 200 |
Filed: 10/30/2015, Entered: None |
discovery hearing |
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/30/2015. (Digital 19:05:28.) (dgj) (Entered: 11/02/2015)
|
|
Request |
|
|
|
| |
Filed: 10/30/2015, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 199 [misc] restricted/sealed until further notice. (nc)
|
|
Request |
|
|
|
| |
Filed: 10/30/2015, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| 198 |
Filed: 10/29/2015, Entered: None |
Motion for Miscellaneous Relief |
|
Plaintiff's MOTION Opposition to Defendants' Assertion of Common Interest Privilege over Post-2014 Communications with Sotreq S/A re 185 Order by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 10/29/2015)
|
|
Request |
|
|
|
| 197 |
Filed: 10/29/2015, Entered: None |
Order on Motion For Leave to File. |
|
ENDORSED ORDER granting 196 Defendants' Request for Permission to Submit Documents to the Court. The Court notes that Defendants have already sent to the Undersigned's e-file inbox the unredacted versions of the documents at issue. However, in order to ensure the existence of a proper record, Defendants shall file the unredacted, purported privileged documents with the Court on CM/ECF under seal. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (mda) (Entered: 10/29/2015)
|
|
Request |
|
|
|
| 196 |
Filed: 10/29/2015, Entered: None |
Motion for Leave to File |
|
MOTION for Leave to File Documents to the Court by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 10/29/2015)
|
|
Request |
|
|
|
| 195 |
Filed: 10/27/2015, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 188 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 10/27/2015. (lh) (Entered: 10/27/2015)
|
|
Request |
|
|
|
| 194 |
Filed: 10/26/2015, Entered: None |
Order |
|
ENDORSED ORDER concerning 190 Plaintiff's Notice of Hearing scheduling a telephonic discovery hearing for October 30, 2015 at 6:30 PM. The parties shall use the following call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. Signed by Magistrate Judge Jonathan Goodman on 10/26/2015. (mda) (Entered: 10/26/2015)
|
|
Request |
|
|
|
| 193 |
Filed: 10/26/2015, Entered: None |
Clerk's Notice of Filing Deficiency |
|
Clerk's Notice of Filing Deficiency Re: 192 Sealed Document. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc) (Entered: 10/26/2015)
|
|
Request |
|
|
|
| |
Filed: 10/26/2015, Entered: None |
|
|
SYSTEM ENTRY - Docket Entry 192 [misc] restricted/sealed until further notice. (nc)
|
|
Request |
|
|
|
| 191 |
Filed: 10/26/2015, Entered: None |
MEMORANDUM |
|
MEMORANDUM of Law In Support of Finding That The Common Interest Privilege Applies to Portions of Two January 2015 Email Chains by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 10/26/2015)
|
|
Request |
|
|
|
| |
Filed: 10/26/2015, Entered: None |
Description not available |
|
|
|
Request |
|
|
|
| 190 |
Filed: 10/26/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/30/2015 06:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 10/26/2015)
|
|
Request |
|
|
|
| 189 |
Filed: 10/24/2015, Entered: None |
transcript |
|
TRANSCRIPT of Discovery Hearing held on 10/16/2015 before Magistrate Judge Jonathan Goodman, 1-90 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (sf) (Entered: 10/24/2015)
|
|
Request |
|
|
|
| 188 |
Filed: 10/22/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin M. Bovard. Filing Fee $ 75.00. Receipt # 110309. (ksa) (Entered: 10/23/2015)
|
|
Request |
|
|
|
| 187 |
Filed: 10/21/2015, Entered: None |
transcript |
|
TRANSCRIPT of Discovery Hearing held on 10/15/2015 before Magistrate Judge Jonathan Goodman, 1-135 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/22/2016. (sf) (Entered: 10/21/2015)
|
|
Request |
|
|
|
| 186 |
Filed: 10/19/2015, Entered: None |
Order |
|
Post-Discovery Hearing Administrative ORDER concerning discovery hearing held October 16, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/19/2015. (mda) (Entered: 10/19/2015)
|
|
Request |
|
|
|
| 185 |
Filed: 10/16/2015, Entered: None |
Order |
|
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER concerning hearing held on October 15, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/16/2015. (mda) (Entered: 10/16/2015)
|
|
Request |
|
|
|
| 184 |
Filed: 10/16/2015, Entered: None |
discovery hearing |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/16/2015 and Miscellaneous Hearing held on 10/16/2015. (Digital 14:31:18.) (mso) (Entered: 10/16/2015)
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Request |
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| 183 |
Filed: 10/15/2015, Entered: None |
discovery hearing |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/15/2015. (Digital 15:31:16.) (mso) (Entered: 10/15/2015)
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Request |
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| 182 |
Filed: 10/14/2015, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/15/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. Miscellaneous Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 10/14/2015)
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Request |
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| 181 |
Filed: 10/13/2015, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/15/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. Miscellaneous Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 10/13/2015)
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Request |
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Filed: 10/9/2015, Entered: None |
set/reset hearings |
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Request |
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Filed: 10/9/2015, Entered: None |
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Set/Reset Hearings: Discovery Hearings set for 10/15/2015 at 03:30 PM and 10/16/2015 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. (mda)
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Request |
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| 180 |
Filed: 10/8/2015, Entered: None |
Order |
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ENDORSED ORDER setting an additional Discovery Hearing for 10/15/2015 at 03:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court had already set aside two hours for the discovery hearing scheduled for October 16, 2015 at 2:30 PM, which is substantially more time than the Court typically allocates for the discovery calendar. However, the Court today received Defendants' Notice of Hearing, purporting to add myriad discovery disputes to the October 16, 2015 discovery calendar. Although two hours should be ample time for most parties to adequately address discovery disputes in most cases, it is now clear from the number and scope of listed discovery disputes that the Court will not be able to adequately address the discovery issues in the two-hour hearing scheduled for October 16, 2015. Therefore, the Court is adding a hearing date and is setting aside an additional two hours beginning at 3:30 PM. Four hours (over two consecutive days) surely should be sufficient to address these discovery disputes.As always, the Undersigned urges the parties to continue their efforts to resolve or streamline the listed discovery disputes before the scheduled hearings. And, as a reminder, Ruler 37's fee-shifting provisions are always a possibility (even though they were not awarded previously -- and that decision was a close one). Signed by Magistrate Judge Jonathan Goodman on 10/8/2015. (mda) (Entered: 10/08/2015)
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Request |
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| 179 |
Filed: 10/8/2015, Entered: None |
Notice re Hearing by Attorney |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/16/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Davant, Charles) (Entered: 10/08/2015)
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Request |
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| 178 |
Filed: 10/1/2015, Entered: None |
Order on motion to compel |
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PAPERLESS ORDER denying as moot 67 Motion to Compel. See D.E. 94 . Signed by Judge Jose E. Martinez on 10/1/2015. (rkn) (Entered: 10/01/2015)
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Request |
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Filed: 9/24/2015, Entered: None |
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Pursuant to Plaintiff's Notice of Hearing, the Discovery Hearing is set for 10/16/2015 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. (mda)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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Filed: 9/24/2015, Entered: None |
set/reset hearings |
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Request |
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| 177 |
Filed: 9/18/2015, Entered: None |
Order on Motion to continue |
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ORDER Granting in part 170 Emergency Motion to Continue Deadline for Disclosure of Opending Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference; denying 173 Motion to Strike ( Discovery due by 12/22/2015., Expert Discovery due by 12/22/2015., Mediation Deadline 2/8/2016., Dispositive Motions due by 1/11/2016., In Limine Motions due by 2/22/2016., Motions due by 2/22/2016., Pretrial Stipulation due by 3/1/2016., Calendar Call set for 3/17/2016 01:30 PM in Miami Division before Judge Jose E. Martinez., Jury Trial set for 3/21/2016 in Miami Division before Judge Jose E. Martinez.). Signed by Judge Jose E. Martinez on 9/18/2015. (asl) (Entered: 09/18/2015)
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Request |
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| 176 |
Filed: 9/16/2015, Entered: None |
response in opposition to motion |
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RESPONSE in Opposition re 173 Plaintiff's MOTION to Strike 170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Con filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 9/28/2015. (Attachments: # 1 Service list)(Davant, Charles) (Entered: 09/16/2015)
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Request |
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| 175 |
Filed: 9/16/2015, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar Discovery Hearing (Leto, Matthew) (Entered: 09/16/2015)
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Request |
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| 174 |
Filed: 9/15/2015, Entered: None |
Order |
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ENDORSED ORDER regarding the remaining discovery issues from 133 Notice of Discovery Hearing. For Plaintiff's Requests for Production 8, 9, and 10, Defendants' 157 response indicates that they have fully complied or that they will fully comply by October 13, 2015. So, there is no longer a dispute. Concerning Plaintiff's request for Production 13, the Undersigned does not find Defendants' response adequate. The mere fact that Defendants do not "own" certain data on any website, blog, or other media does not necessarily mean that they have no such materials to produce. It might mean that, but it might not. For example, Defendants may have downloaded or saved data posted on websites or blogs hosted or owned by others. If so, and if the data concerns CAT C32 diesel generator sets and/or CAT 32 Diesel Engines, then Defendants possess responsive materials and must produce the documents and ESI by September 22, 2015. If, on the other hand, Defendants have no such information (e.g., no officer, manager, director, or employee downloaded such information, saved the information, or had a third party, such as a customer or prospective customer, forward information from a website, blog or other media), then they shall advise Plaintiff of this in writing by September 22, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (mda) (Entered: 09/15/2015)
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Request |
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| 173 |
Filed: 9/15/2015, Entered: None |
Motion to Strike |
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Plaintiff's MOTION to Strike 170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference for Failure to Meet and Confer, or in the Alternative, For a Hearing as to Any Emergency Relief by Companhia Energtica Potiguar. Responses due by 10/2/2015 (Attachments: # 1 Exhibit 1- Declaration of Sarah Park, # 2 Exhibit 2 - Proposed Order)(Leto, Matthew) (Entered: 09/15/2015)
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Request |
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| 172 |
Filed: 9/15/2015, Entered: None |
Order |
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ENDORSED ORDER re 149 Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, filed by Companhia Energtica Potiguar. This order denies Plaintiff's request for attorney's fees concerning a discovery dispute. Although Plaintiff prevailed on the discovery dispute and although Defendants' discovery positions might be deemed problematic, the factual record is still murky. The Undersigned's efforts to obtain greater clarity has not sufficiently resolved the ambiguities to a point where the Undersigned is comfortable with concluding that Defendants' discovery position was not substantially justified. The discovery dispute arose from defense counsel's assumption that Defendants could review ESI for relevance before producing non-privileged ESI to Plaintiff -- even though the written agreement did not give Defendants that option. The dispute became more confusing because the agreement for Defendants to produce responsive documents contained several different deadlines, depending on the custodians from whom the ESI was being obtained. And the discovery battle generated additional fuzziness because defense counsel was not always clear on which category of documents her comments and representations concerned.In defense counsel's mind, her discovery positions were substantially justified, but the difficulty with this is that the procedural history is sometimes vague and not always fully supportive of her assumption. Because the Undersigned has considerable discretion in discovery issues, I will adopt a flexible attitude and accept at face value defense counsel's explanations. Nevertheless, the Undersigned is advising all parties and their counsel that they will not be able to rely on confusion and ambiguity to avoid a fees award if they are on the losing side of future discovery rulings. Counsel need to adhere to the lyrics of The Moody Blues song Say What You Mean: "Say what you mean, mean what you say, Think about the words you're using." Released on the 1991 Keys of the Kingdom album (Polydor Records), the song provides advice which, if followed by defense counsel, would likely have obviated the discovery dispute (because Plaintiff and the Court would have understood far more clearly the Defendants' discovery positions).Although the Court is not finding Defendants' discovery position to be not substantially justified, I am likewise not concluding that their position was substantially justified. At a minimum, however, I am pointing out that Defendants' explanations and representations, including some made to the Court, were unclear and based on assumptions which were not always fully documented in emails, letters and other communications between counsel and/or with the Court. So Defendants and their counsel might be relieved that they are not now responsible for attorney's fees as a result of losing a discovery dispute, but they should not take any additional comfort in the result, as the Court is hardly holding up their discovery responses as an example of how to timely, adequately and clearly respond to discovery disputes and discovery rulings in federal court. The Undersigned is unlikely to adopt a similar flexible attitude toward any party in connection with future discovery disputes. The parties should clearly and completely articulate their discovery positions to each other and especially to the Court. Failure to follow this approach will likely result in unfortunate results.Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (JG) (Entered: 09/15/2015)
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Request |
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| 171 |
Filed: 9/15/2015, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 170 MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference (Davant, Charles) (Entered: 09/15/2015)
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Request |
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| 170 |
Filed: 9/15/2015, Entered: None |
Motion to Continue |
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MOTION to Continue Emergency Motion to Continue Deadline for Disclosure of Opening Expert Reports; Partially Unopposed Motion for Continuance of Pretrial Deadlines and Trial Date and Request for Status Conference by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 10/2/2015 (Attachments: # 1 Declaration of Shawnna M. Yashar, # 2 Exhibit Yashar Decl. Ex. A, # 3 Exhibit Yashar Decl. Ex. B, # 4 Exhibit Yashar Decl. Ex. C, # 5 Exhibit Yashar Decl. Ex. D, # 6 Certification Certification of Emergency, # 7 Text of Proposed Order, # 8 Text of Proposed Order, # 9 Service List)(Davant, Charles) (Entered: 09/15/2015)
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Request |
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| 169 |
Filed: 9/14/2015, Entered: None |
Notice (other) |
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NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 168 Notice (Other), 166 Endorsed Order,,,,,,,,,,,,,,,,,,,,,,,,, Defendants' Rebuttal Notice Pursuant to Court Order (Davant, Charles) (Entered: 09/14/2015)
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Request |
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| 168 |
Filed: 9/10/2015, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 167 Order,, (Leto, Matthew) (Entered: 09/10/2015)
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Request |
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| 167 |
Filed: 9/9/2015, Entered: None |
Order |
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ENDORSED ORDER re 166 Order requiring clarification regarding Plaintiff's attorney's fees request.In addition to its other obligations pursuant to yesterday's clarification order [ECF No. 166], Plaintiff shall also by September 10, 2015 file a copy of defense counsel's June 10, 2015 email. Plaintiff mentions this email on page 2 of its memorandum [ECF No. 149] filed in support of its fees request. Plaintiff shall attach a copy of this email as an exhibit to the Notice it must file by tomorrow. Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (JG) (Entered: 09/09/2015)
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Request |
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| 166 |
Filed: 9/8/2015, Entered: None |
Endorsed Order |
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ENDORSED ORDER re 149 MOTION Memorandum Regarding Plaintiff'S Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order, filed by Companhia Energtica Potiguar. This order seeks clarification of facts at issue in Plaintiff's request for attorney's fees [ECF No. 149] as the party prevailing on a discovery dispute --and Defendants' opposition to the fees request.Based on my review of the memoranda, it seems that the parties are discussing two different issues. Specifically, Plaintiff's repeated references to the June 23, 2015 discovery hearing transcript [ECF No. 127] concern defense counsel's representations concerning the 690 documents which Defendants removed (as non-responsive and irrelevant) from the results of the ESI search of certain records custodians. But Plaintiff's argument about Defendants' later production of documents does not precisely say whether the relevant documents produced after the hearing are in fact from the 690 documents discussed at length during the hearing or whether they are different documents.At my direction, Plaintiff submitted examples of later-produced documents which it contends are in fact relevant, but it did not explain if these documents are in fact from the 690 referenced at the hearing. In order to clear up this factual ambiguity, Plaintiff shall by September 10, 2015 file a two-page notice, explaining whether none, some or all of the exhibits it filed under seal as examples of relevant documents which Defendants withheld are part of the 690 discussed in detail at the June 23, 2015 discovery hearing. If the answer is that some of the documents are included, then Plaintiff shall, on a document-by-document basis, by referencing the exhibit number of the sealed submission of these exhibits, pinpoint which exhibits are part of the 690 for which defense counsel made repeated representations at the June 23, 2015 discovery hearing.If none or some of the sealed exhibits are part of the 690 discussed at the hearing, then Plaintiff may by the same deadline file replacement exhibits, substituting relevant documents produced after the June 23, 2015 hearing (and part of the 690 discussed at that hearing). Thus, if five of the previously-filed exhibits are not part of the 690, then Plaintiff may file five (but no more than that) substitute exhibits. If the documents need to be filed under seal, then Plaintiff shall file them under seal, similar to the protocol it followed for the earlier-filed illustrations of relevant documents that Plaintiff contends were improperly withheld.If Defendants disagree about any of the points raised by Plaintiff in the to-be-filed notice required by this Order, then they may by September 14, 2015 file a rebuttal notice.This Order provides for only the submission of notices (and, if appropriate, substitute exhibits). It does not permit argument and it prohibits any further briefing on the attorney's fees issue. Signed by Magistrate Judge Jonathan Goodman on 9/8/2015. (JG) (JG) (Entered: 09/08/2015)
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| 165 |
Filed: 8/31/2015, Entered: None |
Notice (other) |
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NOTICE by Companhia Energtica Potiguar re 151 Order on Motion to Seal,, Notice of Filing Redacted Billing Entries (Attachments: # 1 Exhibit "A" - Invoices) (Leto, Matthew) (Entered: 08/31/2015)
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Request |
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| 164 |
Filed: 8/31/2015, Entered: None |
Notice of Adoption |
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Notice of Adoption by Companhia Energtica Potiguar Related document: 153 Order,,,,,,,,,,, (Leto, Matthew) (Entered: 08/31/2015)
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Request |
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Filed: 8/31/2015, Entered: None |
Description not available |
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Request |
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Filed: 8/31/2015, Entered: None |
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SYSTEM ENTRY - Docket Entry 163 [misc] restricted/sealed until further notice. (nc)
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Request |
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| 160 |
Filed: 8/28/2015, Entered: None |
Order on Motion For Leave to File. |
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ENDORSED ORDER granting 158 Defendants' agreed motion to file confidential documents under seal. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (mda) (Entered: 08/28/2015)
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Request |
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| 159 |
Filed: 8/28/2015, Entered: None |
response in opposition to motion |
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RESPONSE in Opposition re 149 MOTION Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, Defendants' Response in Opposition to Plaintiff's Memorandum Regarding Request for Attorney's Fees filed by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Replies due by 9/8/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Davant, Charles) (Entered: 08/28/2015)
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Request |
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| 158 |
Filed: 8/28/2015, Entered: None |
Motion for Leave to File |
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Agreed MOTION for Leave to File Confidential Caterpillar Documents Under Seal by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Davant, Charles) (Entered: 08/28/2015)
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Request |
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| 162 |
Filed: 8/27/2015, Entered: None |
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney |
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Clerks Notice to Filer re 157 MOTION for Discovery Defendants' Memorandum Regarding Request for Production 8, 9, 10 and 13 Pursuant to Court Order (ECF No. 155). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#161]. It is not necessary to refile this document. (lh) (Entered: 08/28/2015)
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Request |
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| 161 |
Filed: 8/27/2015, Entered: None |
Notice of Filing Discovery |
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NOTICE of Filing Discovery: Memorandum regarding Request for Production by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co..(lh)see DE# 157 for image (Entered: 08/28/2015)
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Request |
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| 157 |
Filed: 8/27/2015, Entered: None |
motion for discovery |
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MOTION for Discovery Defendants' Memorandum Regarding Request for Production 8, 9, 10 and 13 Pursuant to Court Order (ECF No. 155) by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. Responses due by 9/14/2015 (Davant, Charles) (Entered: 08/27/2015)
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Request |
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| 156 |
Filed: 8/24/2015, Entered: None |
Order |
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ORDER on discovery dispute concerning experts' notes. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (mda) (Entered: 08/24/2015)
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Request |
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| 155 |
Filed: 8/24/2015, Entered: None |
Order |
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ENDORSED ORDER re 148 MOTION Memorandum Regarding Discovery Disputes Pursuant to Discovery Order ECF #136 re 136 Order,,,,,,,,, filed by Companhia Energtica Potiguar.In its post-hearing memorandum on remaining discovery issues, Plaintiff CEP listed the second issue it listed on the discovery hearing notice. CEP's memorandum contained a relatively brief (approximately a page and a half) discussion of its efforts to obtain confirmation that Defendants in fact fully complied with Requests 8, 9, 10 and 13. Defendants' post-hearng brief did not address this issue.Accordingly, Defendants shall by August 27, 2015 file a double-spaced memorandum of no more than two pages on this issue. No further responses or replies on this point are permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG) (Entered: 08/24/2015)
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Request |
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| 154 |
Filed: 8/24/2015, Entered: None |
Order |
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ENDORSED ORDER re 150 MOTION Discovery Memorandum Pursuant to Court Order (ECF No. 136) re 136 Order,,,,,,,,, filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. After a recent, lengthy discovery hearing, the Court directed the parties to submit memoranda on the discovery issues which could not be addressed at the hearing because the Court ran out of time (after approximately two and a half hours). The discovery issues remaining were the ones which Defendants scheduled for hearing. Both Plaintiff and Defendants have filed their post-hearing memoranda. [ECF Nos. 148, 150]. This Order concerns disputes over Defendants' Second Request for Production.The Undersigned will not require Plaintiff CEP to provide the Bates numbers of certain documents it previously produced in response to myriad document requests. As CEP noted, Defendants propounded 343 categories of document requests to Plaintiff, and it would be unreasonable to require CEP to provide further detail. CEP already provided a detailed production log. Given that CEP does not organize its records in the ordinary course of business by the categories of Defendants' document requests, it would be unfair and unduly burdensome to require CEP to also provide Bates numbers to correspond to this huge number of document requests.On the other hand, the Caterpillar Defendants do raise a good point about CEP's vague responses to many document requests -- that documents will be produced "to the extent they exist." Defendants are entitled to know whether CEP does, in fact, have documents in response to a specific document request. The comment that documents will be produced "to the extent they exist" is insufficient and vague, and CEP shall provide specific responses by September 8, 2015 for those responses which include the "if they exist" response. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG) (Entered: 08/24/2015)
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Request |
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| 153 |
Filed: 8/23/2015, Entered: None |
Order |
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ENDORSED ORDER on discovery dispute concerning Plaintiff's corporate representative.Before Defendants issued a Rule 30(b)(6) notice, they took the deposition of Fernando Magalhaes as a fact witness. When Defendants later asked Plaintiff to produce a 30(b)(6) designee (or designees) on certain topics, Plaintiff advised that it would be formally adopting Mr. Magalhaes' deposition testimony as the testimony which would bind the corporation. Defendants do not object to the adoption procedure, but they contend that Mr. Magalhaes was not adequately prepared to provide adequate information on all the topics noticed. Plaintiff contends that there was only "one technical aspect of a question" which Mr. Magalhaes was unable to answer, and notes that it is willing to produce another 30(b)(6) witness on this one specific topic.On the other hand, Defendant points to several topics on which Mr. Magalhaes was allegedly unable to answer vital questions, and it says that he "consistently claimed a lack of knowledge" or "deferred to 'technical people.'"The Undersigned is not going to review an entire deposition transcript in an effort to determine whether Mr. Magalhaes was unable to provide binding answers on only one topic or whether his inadequacy as a 30(b)(6) witness extended to other topics. The parties should know whether he provided sufficient answers to other topics or not. The transcript is the transcript.Therefore, the Court permits Plaintiff to designate Mr. Magalhaes as its 30(b)(6) witnesses on topics for which he was adequately prepared. Plaintiff shall file a formal, written notice, advising of its position of adopting the testimony, and listing the specific topics on which he is binding the corporation.But Defendants have the right to take another 30(b)(6) deposition on the one "technical aspect" of a topic -- as well as other listed topics on which Mr. Magalhaes could not properly serve as a knowledgeable 30(b)(6) witness. If the parties cannot agree on the topics which are appropriate for another 30(b)(6) deposition, then they may notify the Court and schedule a discovery calendar hearing. Because the Undersigned views this dispute as unnecessary --i.e., Mr. Magalhaes either provided sufficient answers on certain topics or he was inadequately prepared or lacked sufficient knowledge -- it is highly likely that a fees award against both the losing party and its counsel will be awarded. Plaintiff need not advise Defendants in advance about the identity of the 30(b)(6) designee (or designees), though it may certainly do so as a courtesy. If it does, however, then it will not be required to produce that designee, as circumstances sometimes arise which may cause a party to select another designee. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG) (Entered: 08/23/2015)
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Request |
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| 152 |
Filed: 8/23/2015, Entered: None |
Order |
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ENDORSED ORDER concerning discovery dispute about the number of depositions. Federal Rule of Civil Procedure 30(a)(2)(A)(i) limits parties to ten (10) depositions unless they consent to more or unless leave of Court is provided. The parties here cannot agree on the circumstances surrounding Defendants' request to take depositions from more than 10 of Plaintiff's employees. Plaintiff agrees to provide more than 10 -- if Defendants pay the travel and lodging expenses for any witnesses it produces for deposition beyond the 10 provided for in Rule 30. The Court will give Defendants the ability to take the depositions of all of the 15 employees who Plaintiff represented it would make available, but they must pay the expenses for employee witnesses 11 through 15. This discovery ruling is not a one-way street, however. Instead, it is reciprocal. Plaintiff may take the depositions of up to 15 Caterpillar employees, but it must pay the expenses for employee witnesses 11 through 15. If either party seeks to take more than 15 depositions, regardless of whether of an employee, a former employee or a non-employee, then that party shall first consult with opposing counsel to determine if an agreement can be reached. If not, then the Court will address the dispute at a discovery calendar hearing. The Court would be very surprised (and disappointed) if this type of basic, garden-variety dispute (if it occurs) could not be resolved among professional attorneys. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG) (Entered: 08/23/2015)
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Request |
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| 151 |
Filed: 8/23/2015, Entered: None |
Order on Motion to seal |
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ENDORSED ORDER granting in part and denying in part 147 Plaintiff's Unopposed Motion to Seal Exhibits to Declaration of Jessie F. Beeber. Other than its counsel's billing records, Plaintiff shall file all exhibits attached to Beeber's declaration under seal. The billing records, however, may not be filed under seal and they shall be publicly filed. If Plaintiff contends that some of the descriptions of the legal tasks reveal attorney-client information or information protected by the work product doctrine, then it may file redacted copies of the billing records, with only the privileged information redacted. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (mda) (Entered: 08/23/2015)
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| 150 |
Filed: 8/21/2015, Entered: None |
Motion for Miscellaneous Relief |
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MOTION Discovery Memorandum Pursuant to Court Order (ECF No. 136) re 136 Order,,,,,,,,, by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Davant, Charles) (Entered: 08/21/2015)
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Request |
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| 149 |
Filed: 8/21/2015, Entered: None |
Motion for Miscellaneous Relief |
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MOTION Memorandum Regarding Plaintiff's Request For Attorneys' Fees Pursuant to Discovery Order ECF 138 re 138 Order,,,,,,,,,,,,,,, by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Declaration of Jessie F. Beeber)(Hall, Andrew) (Entered: 08/21/2015)
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Request |
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| 148 |
Filed: 8/21/2015, Entered: None |
Motion for Miscellaneous Relief |
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MOTION Memorandum Regarding Discovery Disputes Pursuant to Discovery Order ECF #136 re 136 Order,,,,,,,,, by Companhia Energtica Potiguar. (Attachments: # 1 Exhibit Declaration of Patrick J. Boyle)(Hall, Andrew) (Entered: 08/21/2015)
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Request |
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| 147 |
Filed: 8/21/2015, Entered: None |
Motion to Seal |
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UNOPPOSED MOTION to Seal Exhibits to Declaration of Jessie F. Beeber by Companhia Energetica Potiguar (nc) (Additional attachment(s) added on 8/24/2015: # 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, # 10 Exhibit 10, # 11 Exhibit 11) (nc). (Entered: 08/21/2015)
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Request |
|
|
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| 146 |
Filed: 8/21/2015, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 142 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh) (Entered: 08/21/2015)
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Request |
|
|
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| 145 |
Filed: 8/21/2015, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 141 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh) (Entered: 08/21/2015)
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Request |
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|
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| 144 |
Filed: 8/21/2015, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 140 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh) (Entered: 08/21/2015)
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Request |
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| 143 |
Filed: 8/20/2015, Entered: None |
Order on Motion to appear pro hac vice |
|
ORDER granting 139 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 8/20/2015. (lh) (Entered: 08/21/2015)
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Request |
|
|
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| 138 |
Filed: 8/16/2015, Entered: None |
Order |
|
ENDORSED ORDER re 132 Notice of Hearing by Attorney filed by Companhia Energtica Potiguar.In its notice [ECF No. 132] for the August 14, 2015 hearing, Plaintiff listed its attorney's fees request (of approximately $25,000) from Defendants as the second issue. Plaintiff seeks the fees because it says it was unnecessarily forced to litigate its ability to obtain emails that Defendants initially withheld from production on the basis of alleged non-responsiveness. Plaintiff orally renewed its fees request at the August 14, 2015 hearing. Defendants objected, arguing that the emails were not actually withheld -- they were simply "set aside" for further review and later produced after the review was complete. The Court reserved ruling, explaining that additional analysis (on my part) was necessary. In order to obtain a firmer grasp on the critical facts, the Undersigned now requires additional (albeit modest) briefing. Plaintiff shall by August 21, 2015 submit a memorandum of no more than three pages, excluding the signature block and certificate of service, providing a specific and detailed explanation of the emails which it claims were improperly withheld and pinpointing the pages from the earlier discovery hearing transcript where defense counsel made representations about the emails (or failed to provide an explanation that materials had been set aside for further review)and succinctly explaining why Defendants' position was not substantially justified. Plaintiff shall also attach the 10 best illustrations of emails which it claims were not timely produced because of non-responsiveness but which later were revealed to be particularly relevant and responsive. Defendants shall file a seven-page response by August 27, 2015. No further briefing is permitted absent further Court order. The Court understands the fees request to not involve the issue of whether documents concerning the engines in other applications were subject to discovery, as that dispute involved a bona fide dispute and required the submission of expert affidavits to assist the Undersigned in determining whether the other applications for the engines were within the permissible scope of discovery. Plaintiff shall also attach as exhibits the relevant billing records to confirm the time for which it seeks fees, along with an appropriate affidavit, a schedule of hourly billing rates and the backgrounds of the attorneys whose time is at issue. This part of the Order is designed to eliminate further rounds of briefing in the event that the Undersigned decides that a fees award under Fed. R. Civ. Pro. 37 is appropriate. It is not intended to foreshadow a ruling that a fees award will in fact be entered.Because Plaintiff will be submitting fees information, Defendants should have the ability to challenge the hourly rates and reasonableness of the time entries in the event that a fees award were to be entered. That is why their page limit is seven pages, rather than 3 pages. Defendants may use up to four pages on the fees discussion, but is limited to three pages on the substantive issue of entitlement.As with all discovery disputes, the Undersigned encourages the parties to continue efforts to amicably resolve the issue. Because these discussions, if they occur, are somewhat akin to a mediator-free mediation, the Undersigned believes it is appropriate to mention a well-known, albeit somewhat informal and amusing, comment about mediation: The key to a successful mediation is for all parties to leave feeling miserable. Therefore, the parties are urged to start feeling miserable if they want to resolve a discovery-related fees dispute which, if not amicably worked out, will likely result in an Order which at least one side will deem to be a bad result. Signed by Magistrate Judge Jonathan Goodman on 8/16/2015. (JG) (Entered: 08/16/2015)
|
|
Request |
|
|
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| 137 |
Filed: 8/15/2015, Entered: None |
Order |
|
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER regarding hearing held August 14, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/15/2015. (mda) (Entered: 08/15/2015)
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Request |
|
|
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| 136 |
Filed: 8/15/2015, Entered: None |
Order |
|
ENDORSED ORDER re 133 Notice of Hearing by Attorney filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Although the Court held a discovery hearing lasting almost two and a half hours on August 14, 2105, several of the discovery disputes which Defendant Caterpillar listed were not addressed. All of the issues Plaintiff listed for the hearing were addressed, however.Because of personal scheduling issues which will soon arise, it is unlikely that the Undersigned will be able to hold another discovery hearing in the next three to four weeks. Given this scenario and Defendant Caterpillar's need to obtain rulings on the discovery disputes, the Undersigned will, for a limited time, abandon the discovery calendar methodology for the remaining issues on Defendants' Amended Notice of Hearing [ECF No. 133]. The remaining issues do not appear overly complex, and the Undersigned anticipates that a ruling based on brief written submissions will be possible.Therefore, the parties shall, by August 21, 2015, submit a memorandum on issue 3 (depositions of CEP employees), issue 4 (CEP corporate representative), issue 5 (Caterpillar's second request for production), issue 6 (Caterpillar's Third Request for Production) and issue 7 (list of cases in which EPC's experts have testified). Each double-spaced memorandum may not exceed 10 pages and the Court expects approximately a two-page discussion for each of the 5 issues.Despite the briefing schedule, the Court expects the parties to continue to try to resolve the disputes. Some of them seem perfectly capable of being worked out without judicial intervention. For example, deciding whether to agree to take more than the 10 depositions permitted absent consent or court order is precisely the type of issue which attorneys should, and do, work out. Likewise, reciprocal exchange of expert witness notes from a site inspection is standard practice. The Court understands that CEP apparently takes the position that its experts are only consulting experts unless they produce a report and are formally designated. But the Court understands that Caterpillar has already produced its experts' notes to Plaintiff, based on an understanding concerning experts, which makes Plaintiff's position, at least at first blush, unfair. Signed by Magistrate Judge Jonathan Goodman on 8/15/2015. (JG) (Entered: 08/15/2015)
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Request |
|
|
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| 135 |
Filed: 8/14/2015, Entered: None |
discovery hearing |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 8/14/2015. Court heard Oral argument from the parties on various discovery issues. A written discovery Order to be issued. Parties present: Plaintiff's attorneys Jessie Beeber and Patrick Boyle, Defendant's attorneys Kimberly Cook and Sherylle Gordon.(Digital 15:03:30.) (mso) (Entered: 08/14/2015)
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|
Request |
|
|
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| 142 |
Filed: 8/13/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Maria R. Coor. Filing Fee $ 75.00. Receipt # 106284. (ksa) (Entered: 08/19/2015)
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Request |
|
|
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| 141 |
Filed: 8/13/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shawnna M. Yashar. Filing Fee $ 75.00. Receipt # 106283. (ksa) (Entered: 08/19/2015)
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Request |
|
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| 140 |
Filed: 8/13/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory J. Commins, Jr. Filing Fee $ 75.00. Receipt # 106248. (ksa) (Entered: 08/19/2015)
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|
Request |
|
|
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| 139 |
Filed: 8/13/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert G. Abrams. Filing Fee $ 75.00. Receipt # 106247. (ksa) (Entered: 08/19/2015)
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Request |
|
|
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| 134 |
Filed: 8/12/2015, Entered: None |
Notice (other) |
|
NOTICE by Companhia Energtica Potiguar re 133 Notice of Hearing by Attorney Notice of Authorities (Leto, Matthew) (Entered: 08/12/2015)
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Request |
|
|
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| 133 |
Filed: 8/7/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM in Miami Division before Judge Jose E. Martinez. (Cook, Kimberly) (Entered: 08/07/2015)
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Request |
|
|
|
| 132 |
Filed: 8/7/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM before Magistrate Judge Jonathan Goodman. (Leto, Matthew) (Entered: 08/07/2015)
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Request |
|
|
|
| 131 |
Filed: 7/28/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/14/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Cook, Kimberly) (Entered: 07/28/2015)
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Request |
|
|
|
| 130 |
Filed: 7/23/2015, Entered: None |
Order on Motion to Dismiss |
|
ORDER denying 27 Motion to Dismiss 1 Complaint. Signed by Judge Jose E. Martinez on 7/22/2015. (ls) (Entered: 07/23/2015)
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Request |
|
|
|
| 129 |
Filed: 7/10/2015, Entered: None |
Motion Hearing |
|
PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Motion Hearing held on 7/10/2015 re 27 Defendant's MOTION to Dismiss 1 Complaint, on the grounds of Forum Non Conveniens filed by Caterpillar Americas Services Co., CATERPILLAR INC., CATERPILLAR AMERICAS CO. Argument heard, separate order to follow. Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov (wh) (Entered: 07/10/2015)
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|
Request |
|
|
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| 128 |
Filed: 7/9/2015, Entered: None |
Telephone Conference |
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Status Conference held on 7/9/2015. (Digital 10:31:02) (mso) (Entered: 07/09/2015)
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|
Request |
|
|
|
| 127 |
Filed: 7/9/2015, Entered: None |
transcript |
|
TRANSCRIPT of Discovery Hearing held on 6/23/2015 before Magistrate Judge Jonathan Goodman, 1-64 pages, Court Reporter: Carl Schanzleh, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015. (Attachments: # 1 Designation)(mc) (Entered: 07/09/2015)
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Request |
|
|
|
| 126 |
Filed: 7/8/2015, Entered: None |
Notice of hearing on motion |
|
PAPERLESS NOTICE of Hearing on Motion 27 Defendant's MOTION to Dismiss 1 Complaint, on the grounds of Forum Non Conveniens : Motion Hearing set for 7/10/2015 now at 2:00 PM in Miami Division before Judge Jose E. Martinez. (wh) (Entered: 07/08/2015)
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|
Request |
|
|
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| 125 |
Filed: 7/8/2015, Entered: None |
order on motion to strike |
|
PAPERLESS ORDER granting in part and denying in part 47 Plaintiff's Motion to Strike Defendants' Reply or in the Alternative, Seeking Leave to File a Sur-Reply. The Court denies Plaintiff's Motion to Strike Defendants' Reply, but grants Plaintiff's Motion for Leave to File a Sur-Reply and will consider Plaintiff's Sur-Reply [ECF No. 47-2] as filed. Signed by Judge Jose E. Martinez on 7/8/2015. (js01) (Entered: 07/08/2015)
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|
Request |
|
|
|
| 124 |
Filed: 7/6/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR INC. re 118 Order Joint Protocol for Production from the DSN (Davant, Charles) (Entered: 07/06/2015)
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Request |
|
|
|
| 123 |
Filed: 7/1/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 118 Order Joint Notice Pursuant to Court Order (Davant, Charles) (Entered: 07/01/2015)
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Request |
|
|
|
| |
Filed: 7/1/2015, Entered: None |
Set/Reset Motion/R&R Deadlines and Hearings |
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Request |
|
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|
| |
Filed: 7/1/2015, Entered: None |
|
|
Set/Reset Deadlines as per DE 122 to 27 Defendant's MOTION to Dismiss 1 Complaint, on the grounds of Forum Non Conveniens. Motion Hearing reset for 7/10/2015 02:30 PM in Miami Division before Judge Jose E. Martinez. (lk)
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Request |
|
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| |
Filed: 6/30/2015, Entered: None |
|
|
Motions terminated: 120 MOTION to Continue Hearing Scheduled for July 1, 2015 filed by Companhia Energtica Potiguar. Signed by Judge Jose E. Martinez on 6/30/2015. (wh)
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Request |
|
|
|
| 122 |
Filed: 6/30/2015, Entered: None |
Order |
|
PAPERLESS ORDER granting 120 Plaintiff's Motion to Adjourn Hearing on Defendants' Motion to Dismiss. The hearing on Defendants' Motion to Dismiss Complaint is reset for 7/10/2015 02:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 6/30/2015. (js01) (Entered: 06/30/2015)
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Request |
|
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| |
Filed: 6/30/2015, Entered: None |
Terminate Motions |
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|
|
Request |
|
|
|
| 121 |
Filed: 6/30/2015, Entered: None |
Notice (other) |
|
NOTICE by Companhia Energtica Potiguar Regarding the Parties' Agreed Hearing Date (Leto, Matthew) (Entered: 06/30/2015)
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|
Request |
|
|
|
| 120 |
Filed: 6/29/2015, Entered: None |
Motion to Continue |
|
MOTION to Continue Hearing Scheduled for July 1, 2015 by Companhia Energtica Potiguar. Responses due by 7/16/2015 (Attachments: # 1 Exhibit "A" - Affidavit of Jessie Beeber, # 2 Exhibit "B" - Proposed Order)(Leto, Matthew) (Entered: 06/29/2015)
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|
Request |
|
|
|
| 119 |
Filed: 6/29/2015, Entered: None |
Notice of hearing on motion |
|
NOTICE of Hearing on Motion 27 Defendant's MOTION to Dismiss 1 Complaint, on the grounds of Forum Non Conveniens : Motion Hearing set for 7/1/2015 02:00 PM in Miami Division before Judge Jose E. Martinez. (wh) (Entered: 06/29/2015)
|
|
Request |
|
|
|
| 118 |
Filed: 6/25/2015, Entered: None |
Order |
|
ORDER regarding the discovery hearing held on June 23, 2015. Signed by Magistrate Judge Jonathan Goodman on 6/25/2015. (mda) (Entered: 06/25/2015)
|
|
Request |
|
|
|
| 117 |
Filed: 6/23/2015, Entered: None |
discovery hearing |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 6/23/2015. (Digital 15:30:55.) (mso) (Entered: 06/23/2015)
|
|
Request |
|
|
|
| 116 |
Filed: 6/23/2015, Entered: None |
transcript |
|
TRANSCRIPT of discovery hearing held on 6-15-2015 before Magistrate Judge Jonathan Goodman, 1-17 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (dwh) (Entered: 06/23/2015)
|
|
Request |
|
|
|
| 115 |
Filed: 6/22/2015, Entered: None |
order on motion for miscellaneous relief |
|
ENDORSED ORDER granting (reluctantly) 114 Plaintiff's Request for Permission to Submit Documents to the Court. Pursuant to the 91 Undersigned's Updated Discovery Procedure Order, the proper procedure to submit background discovery materials is not by filing it on CM/ECF, but rather sending it via hand-delivery or emailing it to the e-file inbox. In addition, 107 Defendants' notice of hearing is tantamount to a mini-memorandum and arguably violates the 91 Updated Discovery Procedures Order. The Court will strike any discovery hearing notices filed in violation of the Discovery Procedures Order. Also, Defendants incorrectly attached their background materials to their hearing notice, instead of emailing them to the e-file inbox. Signed by Magistrate Judge Jonathan Goodman on 6/22/2015. (mda) (Entered: 06/22/2015)
|
|
Request |
|
|
|
| 114 |
Filed: 6/19/2015, Entered: None |
Motion for Miscellaneous Relief |
|
Plaintiff's MOTION Request for Permission to Submit Documents to the Court by Companhia Energtica Potiguar. (Leto, Matthew) (Entered: 06/19/2015)
|
|
Request |
|
|
|
| 113 |
Filed: 6/19/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR INC., Caterpillar Americas Services Co. re 103 Notice of Hearing by Attorney,, Notice of Filing Correct Exhibit C to Caterpillar Notice of Hearing (ECF No. 103) (Attachments: # 1 Exhibit C To Caterpillar's Notice of Hearing [ECF No. 103]) (Davant, Charles) (Entered: 06/19/2015)
|
|
Request |
|
|
|
| 112 |
Filed: 6/16/2015, Entered: None |
Order on Motion to Vacate |
|
ENDORSED ORDER granting 106 Defendants' Motion to Vacate 105 Order. The Court also grants in part and denies in part both 107 Defendants' Corrected Motion to Extend Deadline to Produce Documents and 109 Defendants' Motion to Extend Deadlines to Produce Documents from Custodian Files. The Court is extending the deadline to produce the documents until after the Court holds a discovery hearing on 6/23/2015 and determines the scope of production. Signed by Magistrate Judge Jonathan Goodman on 6/16/2015. (mda) (Entered: 06/16/2015)
|
|
Request |
|
|
|
| 111 |
Filed: 6/15/2015, Entered: None |
Order |
|
ENDORSED ORDER rescheduling the discovery hearing originally scheduled for 7/10/2015 at 2:30 PM. The Court will now hold the discovery hearing on 6/23/2015 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel must appear in person. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 110 |
Filed: 6/15/2015, Entered: None |
Miscellaneous Hearing |
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 6/15/2015. (Digital 17:42:49.) (mso) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 109 |
Filed: 6/15/2015, Entered: None |
Motion for Extension of Time |
|
MOTION for Extension of Time To Extend Deadline to Produce Documents from Custodian Files re 100 Notice (Other) by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 108 |
Filed: 6/15/2015, Entered: None |
Order |
|
ENDORSED ORDER scheduling a telephonic hearing on 106 Defendants' Motion to Vacate Order on Motion for Extension of Time and 107 Defendants' Corrected Motion to Extend Deadline to Produce Documents for 6/15/2015 at 05:45 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 107 |
Filed: 6/15/2015, Entered: None |
Motion for Extension of Time |
|
Corrected MOTION for Extension of Time to Extend Deadline to Produce Documents re 104 MOTION for Extension of Time Time to Produce Documents re 90 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 106 |
Filed: 6/15/2015, Entered: None |
Motion to Vacate |
|
MOTION to Vacate 105 Order on Motion for Extension of Time, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 7/2/2015 (Davant, Charles) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 105 |
Filed: 6/15/2015, Entered: None |
Order on motion for extension of time |
|
ENDORSED ORDER granting 104 Defendants' unopposed motion to extend the deadline to produce documents until after the Court holds a discovery hearing on 6/10/2015 and rules on the scope of production. Signed by Magistrate Judge Jonathan Goodman on 6/15/2015. (mda) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 104 |
Filed: 6/12/2015, Entered: None |
Motion for Extension of Time |
|
MOTION for Extension of Time Time to Produce Documents re 90 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 6/29/2015 (Attachments: # 1 Text of Proposed Order Exhibit A)(Davant, Charles) (Entered: 06/12/2015)
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|
Request |
|
|
|
| 103 |
Filed: 6/12/2015, Entered: None |
Notice re Hearing by Attorney |
|
NOTICE of Hearing by ATTORNEY:. Attorney Charles Stuart Davant added to party CATERPILLAR AMERICAS CO.(pty:dft), Attorney Charles Stuart Davant added to party CATERPILLAR AMERICAS SERVICES CO.(pty:dft), Attorney Charles Stuart Davant added to party CATERPILLAR INC.(pty:dft). Discovery Hearing set for 7/10/2015 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Attachments: # 1 Exhibit A - Hearing Transcript, # 2 Exhibit B - Minks Deposition, # 3 Exhibit C - CEP 1st RFP) (Davant, Charles) (Entered: 06/12/2015)
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|
Request |
|
|
|
| 102 |
Filed: 6/12/2015, Entered: None |
Order |
|
ORDER SETTING TELEPHONIC STATUS CONFERENCE for Thursday, 7/9/2015 at 10:30 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 6/12/2015. (mso) (Entered: 06/12/2015)
|
|
Request |
|
|
|
| 101 |
Filed: 6/11/2015, Entered: None |
Notification of Ninety Days Expiring |
|
Notification of Ninety Days Expiring by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. re 27 Defendant's MOTION to Dismiss 1 Complaint, on the grounds of Forum Non Conveniens filed by CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC., CATERPILLAR AMERICAS CO. (Cook, Kimberly) (Entered: 06/11/2015)
|
|
Request |
|
|
|
| 100 |
Filed: 6/3/2015, Entered: None |
Notice (other) |
|
NOTICE by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC. re 95 Order Notice of Joint Deadline (Cook, Kimberly) (Entered: 06/03/2015)
|
|
Request |
|
|
|
| 99 |
Filed: 6/3/2015, Entered: None |
Order on Motion to continue |
|
PAPERLESS ORDER denying without prejudice 35 Defendants Caterpillar Inc., Caterpillar Americas Services Co. and Caterpillar Americas Co.'s First Joint Motion to Continue Scheduling Order Deadlines and Trial Date. Defendants fail to provide the Court with proposed dates that would alleviate the issues raised in their motion. Should Defendants deem it necessary to extend particular deadlines, Defendants shall propose new dates for the Court to consider. The Court therefore denies Defendants' motion without prejudice so that Defendants may refile and propose specific dates for the particular deadlines Defendants believe require an extension. Signed by Judge Jose E. Martinez on 6/3/2015. (js01) (Entered: 06/03/2015)
|
|
Request |
|
|
|
| 98 |
Filed: 6/2/2015, Entered: None |
Order on motion for extension of time |
|
ENDORSED ORDER granting 97 the Joint Motion for a Brief Enlargement of Time to File Joint Notice of Deadline. The Parties have until and including June 3, 2015 to file the Joint Notice of Deadline. Signed by Magistrate Judge Jonathan Goodman on 6/2/2015. (mda) (Entered: 06/02/2015)
|
|
Request |
|
|
|
| 97 |
Filed: 6/2/2015, Entered: None |
Motion for Extension of Time |
|
Joint MOTION for Extension of Time To File Joint Notice of Deadline re 95 Order by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. Responses due by 6/19/2015 (Cook, Kimberly) (Entered: 06/02/2015)
|
|
Request |
|
|
|
| 96 |
Filed: 6/1/2015, Entered: None |
Order Referring Case to Magistrate Judge |
|
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Preliminary Status Conference, Signed by Judge Jose E. Martinez on 6/1/2015. (lh) (Entered: 06/01/2015)
|
|
Request |
|
|
|
| 95 |
Filed: 5/28/2015, Entered: None |
Order |
|
ORDER re 93 Notice of Proposed Agreed Order that was filed in response to 89 the Court's Post-Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (mda) (Entered: 05/28/2015)
|
|
Request |
|
|
|
| 94 |
Filed: 5/26/2015, Entered: None |
Answer to Complaint |
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ANSWER and Affirmative Defenses to Complaint with Jury Demand by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Cook, Kimberly) (Entered: 05/26/2015)
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Request |
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| 93 |
Filed: 5/26/2015, Entered: None |
Notice (other) |
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NOTICE by COMPANHIA ENERGTICA POTIGUAR re 89 Order requiring filing of Notice of Proposed Agreed Interim Order on Discovery Dispute (Leto, Matthew) (Entered: 05/26/2015)
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Request |
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| 92 |
Filed: 5/26/2015, Entered: None |
transcript |
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TRANSCRIPT of Discovery Hearing held on May 15, 2015, before Magistrate Judge Jonathan Goodman, 1-16 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 16:08:06.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (le) (Entered: 05/26/2015)
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Request |
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| 91 |
Filed: 5/22/2015, Entered: None |
Order |
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UPDATED DISCOVERY PROCEDURES ORDER. From this point forward, the parties are required to comply with the updated discovery procedures attached. Signed by Magistrate Judge Jonathan Goodman on 5/22/2015. (mda) (Entered: 05/22/2015)
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Request |
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| 90 |
Filed: 5/21/2015, Entered: None |
Order |
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ORDER on Plaintiff's discovery request. Signed by Magistrate Judge Jonathan Goodman on 5/21/2015. (mda) (Entered: 05/21/2015)
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Request |
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| 89 |
Filed: 5/19/2015, Entered: None |
Order |
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ORDER re 87 discovery hearing held on May 15, 2015. Signed by Magistrate Judge Jonathan Goodman on 5/19/2015. (mda) (Entered: 05/19/2015)
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Request |
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Filed: 5/19/2015, Entered: None |
***Set/Reset Deadlines |
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Request |
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Filed: 5/19/2015, Entered: None |
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Set/Reset Answer Due Deadline as per DE 88 : CATERPILLAR AMERICAS CO. response due 5/26/2015; CATERPILLAR AMERICAS SERVICES CO. response due 5/26/2015; CATERPILLAR INC. response due 5/26/2015. (lk)
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Request |
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| 88 |
Filed: 5/18/2015, Entered: None |
Order on Motion for Extension of Time to File Response/Reply/Answer |
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PAPERLESS ORDER granting 86 Defendants' Amended Motion for Brief Extension of Time to File Answer to Plaintiff's Complaint. Defendants shall file their Answer to Plaintiff's Complaint on or before May 26, 2015. This Order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 5/18/2015. (js01) (Entered: 05/18/2015)
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Request |
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| 87 |
Filed: 5/15/2015, Entered: None |
discovery hearing |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 5/15/2015.(Digital 16:08:06 and 16:29:25.) (mso) (Entered: 05/15/2015)
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Request |
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| 86 |
Filed: 5/15/2015, Entered: None |
Motion for Extension of Time to File Response/Reply/Answer |
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Amended MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by CATERPILLAR AMERICAS CO., CATERPILLAR AMERICAS SERVICES CO., CATERPILLAR INC.. (Attachments: # 1 Text of Proposed Order Granting Defendants' Amended Motion for Extension of Time to File Answer)(Cook, Kimberly) (Entered: 05/15/2015)
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Request |
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Update
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