NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; re 155 Memorandum Opinion & Order; Correct pdf document attached to this entry. cc: COR (MJY) (Entered: 12/12/2016)
JUDGMENT : (1) The United States renewed motion to dismiss, R. 147 is GRANTED. (2) Worldwides complaints in the four consolidated cases are DISMISSED. (3) This action is STRICKEN from the Courts active docket. (4) All other pending motions are DENIED AS MOOT, and all scheduled hearings are CANCELLED. (5) This is a final judgment, and there is no just cause for delay. Signed by Judge Amul R. Thapar on 12/12/16.(MJY) cc: COR, w/noe (Entered: 12/12/2016)
MEMORANDUM OPINION & ORDER: (1) The United States renewed motion to dismiss, R. 147 , is GRANTED. (2) Worldwides complaints in the four consolidated cases are DISMISSED. (3) This action is STRICKEN from the Courts active docket. (4) All other pending motions are DENIED AS MOOT, and all scheduled hearings are CANCELLED. (5) A separate judgment will issue. Signed by Judge Amul R. Thapar on 12/12/16.(MJY) cc: COR (Additional attachment(s) added on 12/12/2016: # 1 Main Document) (MJY). (Entered: 12/12/2016)
ORDER: Worldwides unopposed motion to continue, R. 153 , is GRANTED. The Bench Trial in this matter is hereby CONTINUED to Monday, January 9, 2017, at 9:00 a.m., at the United States Courthouse in Covington, Kentucky. Signed by Judge Amul R. Thapar on 11/22/16.(MJY)cc: COR, Cov Court Diary (Entered: 11/22/2016)
MOTION to Continue by Worldwide Equipment of TN, Inc. of Trial Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Posey, William) (Entered: 11/22/2016)
RESPONSE in Opposition re 147 MOTION to Dismiss for Lack of Jurisdiction by USA filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1 - Declaration of James R. Polk)(Posey, William) (Entered: 11/21/2016)
ORDER: During the final PTC, the US advised the Court that it had identified additional case law suggesting that the Court lacks jurisdiction over this case. R. 145 . The Court asked the parties to address this new case law via briefs due November 17. After a quick review of the briefs and the cases they cite, the Court recognizes that a thorny issue exists forresolution. Given this, and knowing that the parties might otherwise spend their Thanksgiving holiday preparing for the trial, the Court recommends that the parties suspend their trial preparation at this time. The Court will endeavor to resolve this issue as soon as possible after it receives the parties responses due November 21. See R. 145 . The Court will also keep the December 5 trial date for now, and if the Court denies the US renewed motion, the Court will be prepared to proceed to trial as planned. But the Court will also take this Order into account should the parties request a short continuance. Signed by Judge Amul R. Thapar on 11/18/16.(MJY)cc: COR (Entered: 11/18/2016)
RESPONSE to 145 Plaintiffs' Memorandum in Response to the United States' Challenge to the Court's Jurisdiction filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex 1. - IRS Disallowance Letters)(Posey, William) (Entered: 11/17/2016)
TRANSCRIPT of Proceedings: Final Pretrial Conference held on November 10, 2016 before Judge Amul R. Thapar. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: William A. Posey, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017. (Entered: 11/15/2016)
Minute Entry ORDER for proceedings held before Judge Amul R. Thapar: FINAL PRETRIAL CONFERENCE held on 11/10/2016. 1) Worldwide's motion in limine to exclude opinions of Jerry Pigman and Craig Vest are DENIED as MOOT; 2) Worldwide's motion in limine to exclude the testimony of Captain Tristan Truesdell, R. 128 at 911, is DENIED.3) Worldwide's objection to the proposed testimony of Captain Truesdell, R. 129 at 12, is OVERRULED; 4) Worldwide's objections to the proposed testimony of Mark Blake, Becky Bryant, Marty Hoeffel, Hannah Dailey, Chris Ramsey, and Robert Kinter, R. 129 at 23, are OVERRULED AS MOOT; 5) Parties SHALL FILE simultaneous briefs addressing whether the Court has jurisdiction to hear this case on or before 11/17/2016. Briefs are limited to 10 pages. The briefs must address the new cases identified by the United States and their relation to the Court's prior ruling. 6) Parties SHALL RESPOND to each other's briefs on Monday, 11/21/2016. Responses limited to 5 pages. (Court Reporter Lisa Wiseman.) (MRS)cc: COR Modified TEXT on 11/14/2016 (MRS). (Entered: 11/14/2016)
CONVENTIONAL FILING received on behalf of Worldwide Equipment of TN, INC.: 3 CD's Containing Exibits a To Plaintiffs' Objections to defendant's Exhibit List re 130 Objections, Per DE 109 Telephone Conference. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (MJY) (Entered: 11/10/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Dallas Goodan (Attachments: # 1 Ex. 1 - Dallas Goodan Transcript, # 2 Ex. 2 - Goodan Dep Exhibits, Part 1, # 3 Ex. 3 - Goodan Dep Exhibits, Part 2, # 4 Ex. 4, Goodan Dep Exhibits, Part 3)(Posey, William) (Entered: 11/08/2016)
RESPONSE to 128 , 129 PLAINTIFFS OBJECTIONS TO THE UNITED STATES WITNESS LIST AND IN LIMINE MOTION filed by USA. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D)(Perla, Lee) (Entered: 11/08/2016)
RESPONSE to Motion re 133 MOTION in Limine by USA to Rule on Objections in Evidentiary Depositions Motions filed by Worldwide Equipment of TN, Inc.. (Posey, William) (Entered: 11/08/2016)
RESPONSE in Opposition re 134 MOTION in Limine by USA TO EXCLUDE CONFIDENTIAL SETTLEMENT RELATED INFORMATION AND TO STRIKE DISCUSSION OF SETTLEMENT FROM PLAINTIFFS PRE-TRIAL SUBMISSIONS filed by Worldwide Equipment of TN, Inc.. (Posey, William) (Entered: 11/08/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. re 131 MOTION for Order by Worldwide Equipment of TN, Inc. to Rule on Objections in Evidentiary Depositions (Attachments: # 1 Proposed Order)(Posey, William) (Entered: 11/04/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. re 128 MOTION in Limine by Worldwide Equipment of TN, Inc. (Attachments: # 1 Proposed Order)(Posey, William) (Entered: 11/04/2016)
MOTION in Limine by USA TO EXCLUDE CONFIDENTIAL SETTLEMENT RELATED INFORMATION AND TO STRIKE DISCUSSION OF SETTLEMENT FROM PLAINTIFFS PRE-TRIAL SUBMISSIONS Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Perla, Lee) (Entered: 11/03/2016)
MOTION in Limine by USA to Rule on Objections in Evidentiary Depositions Motions Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Ex. A (Wentzel counter-desig), # 4 Ex. B (Goodan counter-desig.), # 5 Ex. C (Auxier counter-desig.), # 6 Ex. D (Faulkner counter-desig.), # 7 Ex. E (Kinter counter-desig.))(Perla, Lee) (Entered: 11/03/2016)
MOTION for Order by Worldwide Equipment of TN, Inc. to Rule on Objections in Evidentiary Depositions Motions referred to Edward B. Atkins. (Posey, William) (Additional attachment(s) added on 11/7/2016: # 1 Proposed Order) (MJY). (Entered: 11/03/2016)
MOTION in Limine by Worldwide Equipment of TN, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Ex. 1 - Arnold Lawson Declaration)(Posey, William) (Additional attachment(s) added on 11/7/2016: # 2 Proposed Order) (MJY). (Entered: 11/03/2016)
TRANSCRIPT of Proceedings: Telephone Conference held on June 23, 2016 before Judge Amul R. Thapar. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: William A. Posey, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/30/2017. (Entered: 10/27/2016)
ORDER: (1) Pty's joint motion for an extension of time, R. 114 , is GRANTED. Bench Trial is hereby CONTINUED to Monday, December 5, 2016, at 9:00 a.m., at the US Courthouse in Covington, Kentucky. (2) Ptys directed to arrive thirty minutes before scheduled trial time. Anticipated length of the trial is five days. (3) Final PTC is CONTINUED to Thursday, November 10, 2016, at 2:00 p.m., at the US Courthouse in Covington, Kentucky. (4) All other PT ddls set in the Courts Order of June 24, 2016, R. 109 , are CONTINUED insofar as they will now be calculated based on the November 10, 2016, final pretrial conference date. (5) Ptys SHALL CONFER and agree to a new date on which Worldwide will make available to the US & its experts the exact trucks Worldwide wishes the Court to examine during trial, as well as any other truck types requested by the US, provided they remain potentially at issue in this case. (6) Ptys SHALL PROPOSE at the final PTC a date and time during the scheduled trial for examining trucks at Worldwides Cincinnati facility. Signed by Judge Amul R. Thapar on 9/12/16.(MJY) cc: COR, Covington CD (Entered: 09/12/2016)
TRANSCRIPT of Proceedings: Telephone Conference held on May 4, 2016 before Judge Amul R. Thapar. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: William A. Posey, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/30/2016. Redacted Transcript Deadline set for 10/11/2016. Release of Transcript Restriction set for 12/8/2016. (Entered: 09/06/2016)
ORDER: Plaintiff"s Motion for Admission Pro Hac Vice R. 112 is GRANTED, and that Bryce J. Yoder is hereby admitted to practice pro hac vice for all purposes in this action. Signed by Magistrate Judge Edward B. Atkins on 9/2/16. (MJY)cc: COR, Bryce J. Yoder w/Mandatory ECF Information via US mail. (Entered: 09/02/2016)
Proposed Agreed Order/Stipulation For Extension of Time (proposing that trial, Final Pretrial Conference, and pretrial deadlines be continued) by USA. (Perla, Lee) (Entered: 09/02/2016)
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 8/31/16; before Judge Amul R. Thapar: (1) US's objection to the off-site examination of Worldwide trucks during the Bench Trial in this matter is OVERRULED. Worldwide is ordered to make available to the US for inspection on Monday, October 24, 2016, the exact trucks Worldwide wishes the Court to examine during trial, as well as any other truck types requested by the US, provided they remain potentially at issue in this case. Parties ordered to propose, at the final PTC, a date and time during the scheduled trial for examining the trucks at Worldwides Cincinnati facility. (2) Parties shall limit proposed findings of fact and conclusions of law to no more than forty pages. (3) Parties shall limit the totality of their other pretrial filings, including motions in limine, to no more than forty pages (so if four pleadings are filed the party must add the pages of each pleading and stay under the forty page limit.) (4) Worldwide's oral motion to continue the trial in this action is GRANTED. The Bench Trial is hereby CONTINUED to Tuesday, October 25, 2016, at 9:00 a.m., at the US Courthouse in Covington, Kentucky. (5) The parties are directed to arrive thirty minutes before the scheduled trial time. The anticipated length of the trial is five days. (6) Any expert witness who has been or will be called by a party to testify at the Bench Trial in this action is hereby ordered excluded from the courtroom during the testimony of any other expert witness called by the same party. (Court Reporter Joan Averdick.) Signed by Judge Amul R. Thapar on 9/1/16. (MJY) cc: COR, Covington Court Diary. Modified to correct bold text on 9/1/2016 (MJY). (Entered: 09/01/2016)
MOTION for Bryce J. Yoder to Appear Pro Hac Vice by Worldwide Equipment of TN, Inc. ( Filing fee $125; receipt number 0643-3576497)Motions referred to Edward B. Atkins. (Attachments: # 1 Affidavit of Bryce J. Yoder in Support of Motion for Pro Hac Vice, # 2 Proposed Order)(Posey, William) (Entered: 09/01/2016)
NOTICE OF FILING by USA re 92 REPLY (Suggestion of Subsequently Decided Authority) (Attachments: # 1 Copy of Slip Op.)(Perla, Lee) (Entered: 07/25/2016)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/24/2016, before Judge Amul R. Thapar: TELEPHONE STATUS CONFERENCE telephone status conference is SCHEDULED for Wednesday, August 31, 2016, at 11:00 a.m. Parties must DIAL IN to this conference call five minutes before the scheduled time by following these steps: See (1) - (3). PRETRIAL (1) Final PTC is scheduled for Thursday, October 6, 2016, at 10:00 a.m. at the US Courthouse in Covington, Ky. (2)No later than 21 days before the Final PTC, counsel shall exchange proposed findings of fact and conclusions of law. Counsel shall then meet and discuss what findings of fact and conclusions of law they agree upon. (3) No later than 14 days before the Final PTC, counsel shall file agreed findings of fact and conclusions of law & email to chambers. (4) No later than 14 days before the Final PTC, counsel shall file with the Clerk an original, shall submit a copy to the Courts chambers, & shall provide a copy to opposing counsel of the following, each to be filed as a separate document: See (a) - (c). (5) No later than 7 days before the Final PTC, counsel shall: See (a) - (c). (6) Ptys shall limit the totality of their pretrial filings, to no more than forty pages (so if four pleadings are filed the party must add the pages of each pleading and stay under the forty page limit this does not include the witness lists and exhibit lists, etc. but rather includes only any memorandum filed). (7) No later than 2 days before the Final PTC, parties shall file responses to any of the motions filed pursuant to Paragraph 5, subsections (a), (b), and (c). (8) At the Final Pretrial Conference, counsel for the parties shall be prepared to: See (a) - (e). (9) Court Copies. In addition to the official copies filed with the Clerk, the following documents shall be submitted to the undersignedsChambers electronically: See (a) - (c). TRIAL(1) This action is hereby set for Bench Trial on Monday, October 17, 2016, at 9:00 a.m., at the US Courthouse in Covington, Ky. (2) Parties are directed to arrive thirty minutes before the scheduled trial time. The anticipated length of the trial is five days. (Court Reporter Lisa Wiesman.). Signed by Judge Amul R. Thapar on 6/24/16. (MJY) cc: COR , Covington CD. Modified text on 6/27/2016 (MJY). (Entered: 06/24/2016)
MEMORANDUM OPINION & ORDER: (1) The governments motion to dismiss and for summary judgment, R. 75 , is GRANTED IN PART AND DENIED IN PART. Worldwide may not proceed on its claim for a tax refund on trucks equipped to haul water, fuel, lube, or fly ash. The governments motion is otherwise denied. (2) Worldwides motion for summary judgment, R. 72 , is DENIED. (3) Worldwides motion to exclude the testimony of the governments experts, R. 73 , is DENIED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 6/23/16.(MJY)cc: COR (Entered: 06/23/2016)
ORDER: (1) The government's motion to continue, R. 106 , is GRANTED. (2) The teleconference currently scheduled for Thursday, June 23, 2016, at 10:30 a.m. is CONTINUED to Thursday, June 23, 2016, at 2:00 p.m. Signed by Judge Amul R. Thapar on 6/16/2016. (RCB)cc: COR, CCD (Entered: 06/16/2016)
MEMORANDUM OPINION & ORDER: Worldwides motion in limine to exclude all post-sale use evidence, R. 71 , is DENIED. Signed by Judge Amul R. Thapar on 6/15/2016.(MJY)cc: COR (Entered: 06/15/2016)
ORDER: (1) The teleconference previously scheduled for Thursday, June 9, 2016 is RESCHEDULED for Thursday, June 23, 2016 at 10:30 a.m. (2) The parties must DIAL IN to this conference call five minutes before the scheduled time by following steps a - c. Signed by Judge Amul R. Thapar on 6/6/2016. (TDA) cc: COR & CovCD (Entered: 06/06/2016)
NOTICE OF MANDATORY ECF DIRECTED TO Joseph Husader, an ECF Filing User re 102 Order MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, Joseph Husader via US Mail. (MJY) (Entered: 06/06/2016)
REPLY to Response to Motion re 99 MOTION to Amend/Correct 98 Minute Entry Order, by USA filed by USA. (Perla, Lee) Modified text on 6/1/2016 (TDA). (Entered: 05/31/2016)
RESPONSE in Opposition re 99 MOTION to Amend/Correct 98 Minute Entry Order, by USA filed by Worldwide Equipment of TN, Inc. (Posey, William) Modified text on 6/1/2016 (TDA). (Entered: 05/31/2016)
MOTION to Amend/Correct 98 Minute Entry Order by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Perla, Lee) Modified text on 5/25/2016 (TDA). (Entered: 05/24/2016)
MINUTE ENTRY ORDER: On Wednesday, May 4, 2016, Court held a telephone conference. Accordingly, it is ORDERED that: (1) The motion to strike, R. 76 , is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as it relates to the declarations of Pigman and Vest. It is DENIED as it relates to the declaration of Flood. (2) Clerk shall strike the declarations of Pigman, R. 75 -6, and Vest, R. 75 -10, from the record. (3) A telephone conference is SCHEDULED for Thursday, June 9, 2016, at 1:30 p.m. The parties must DIAL IN to this conference call five minutes before the scheduled time by following steps (see items a-c). (4) The final pretrial conference, currently scheduled for June 13, 2016, is VACATED. (5) The trial, currently scheduled for August 1, 2016, is VACATED. (6) All deadlines are SUSPENDED until Court rules on the pending motions for summary judgment. Signed by Judge Amul R. Thapar on 5/5/2016. (Court Reporter LISA WIESMAN) (TDA) cc: COR & CovCD (Entered: 05/05/2016)
ORDER: a telephone conference is SCHEDULED for Wednesday, May 4, 2016, at 1:00 p.m. to discuss the motion to exclude and the motion to strike. R. 73 ; R. 76 . The parties must DIAL IN to this conference call five minutes before the scheduled time by following these steps: See (1) - (3). Signed by Judge Amul R. Thapar on 4/29/16.(MJY)cc: COR, Covington Court Diary (Entered: 04/29/2016)
REPLY to Response to Motion re 76 MOTION to Strike by Worldwide Equipment of TN, Inc. filed by Worldwide Equipment of TN, Inc. (Attachments: # 1 Ex. 1 - Vest Dep Excerpts, # 2 Ex. 2 - Giapponi Dep Excerpts)(MJY) (Entered: 04/18/2016)
REPLY to Response to Motion re 73 MOTION to Exclude by Worldwide Equipment of TN, Inc. the Testimony of Defendant's Expert Witnesses, Jerry G. Pigman and Craig Vest filed by Worldwide Equipment of TN, Inc. (Attachments: # 1 Ex. 1 - Pigman Dep Excerpts, # 2 Ex. 2 - Vest Dep Excerpts)(MJY) (Entered: 04/18/2016)
REPLY to Response to Motion re 72 MOTION for Summary Judgment by Worldwide Equipment of TN, Inc. filed by Worldwide Equipment of TN, Inc. (Attachments: # 1 Ex. 1 - Wentzel Dep Excerpts, # 2 Ex. 2 - Gillespie Dep Excerpts, # 3 Ex. 3 - Kinter Dep Excerpts)(MJY) (Entered: 04/18/2016)
REPLY to Response to Motion re 71 MOTION in Limine by Worldwide Equipment of TN, Inc. to Exclude All Post-Sale Use Evidence filed by Worldwide Equipment of TN, Inc. (Attachments: # 1 Ex. 1, part 1 - Dotson Dep Excerpts, # 2 Ex. 1, part 2 - Dotson Dep Ex. 12, # 3 Ex. 2 - Vest Dep Excerpts)(MJY) (Entered: 04/18/2016)
REPLY to 75 PLAINTIFFS RESPONSE TO THE UNITED STATES MOTION TO DISMISS AND FOR SUMMARY JUDGMENT (R. 81) filed by USA. (Perla, Lee) Modified on 4/18/2016 (MJY). (Entered: 04/15/2016)
INCORRECTLY FILED AS A RESPONSE in Support re 76 MOTION to Strike by Worldwide Equipment of TN, Inc. filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1 - Vest Dep Excerpts, # 2 Ex. 2 - Giapponi Dep Excerpts)(Posey, William) Please see docket entry 96 for the CORRECT ENTRY for this pleading. Modified on 4/18/2016 (MJY). (Entered: 04/15/2016)
INCORRECTLY FILED AS A RESPONSE in Support re 73 MOTION to Exclude by Worldwide Equipment of TN, Inc. the Testimony of Defendant's Expert Witnesses, Jerry G. Pigman and Craig Vest filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1 - Pigman Dep Excerpts, # 2 Ex. 2 - Vest Dep Excerpts)(Posey, William) Please see docket entry 95 for the CORRECT ENTRY for this pleading. Modified on 4/18/2016 (MJY). (Entered: 04/15/2016)
INCORRECTLY FILED AS A RESPONSE in Support re 72 MOTION for Summary Judgment by Worldwide Equipment of TN, Inc. filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1 - Wentzel Dep Excerpts, # 2 Ex. 2 - Gillespie Dep Excerpts, # 3 Ex. 3 - Kinter Dep Excerpts)(Posey, William) Please see docket entry 94 for the CORRECT ENTRY for this pleading. Modified on 4/18/2016 (MJY). (Entered: 04/15/2016)
INCORRECTLY FILED AS A RESPONSE in Support re 71 MOTION in Limine by Worldwide Equipment of TN, Inc. to Exclude All Post-Sale Use Evidence filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1, part 1 - Dotson Dep Excerpts, # 2 Ex. 1, part 2 - Dotson Dep Ex. 12, # 3 Ex. 2 - Vest Dep Excerpts)(Posey, William) Please see docket entry 93 for the CORRECT ENTRY for this pleading. Modified on 4/18/2016 (MJY). (Entered: 04/15/2016)
DEPOSITION TRANSCRIPT of Linda Marie Wentzel taken on 2-22-16 by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Exhibits 1-11)(Posey, William) (Entered: 04/15/2016)
DEPOSITION TRANSCRIPT of Terry L. Dotson taken on 6-25-15 by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4)(Posey, William) (Entered: 04/15/2016)
RESPONSE in Opposition re 76 MOTION to Strike by Worldwide Equipment of TN, Inc. filed by USA. (Attachments: # 1 Ex. A (United States amended Rule 26(a) disclosures), # 2 Ex. B (Plaintiffs letter), # 3 Ex. C (United States letter), # 4 Ex. D (Plaintiffs supplemental responses to 1st set discovery), # 5 Ex. E (Plaintiffs supplemental responses to 3rd set discovery), # 6 Ex. F (Plaintiffs supplemental responses to 4th set discovery))(Perla, Lee) (Entered: 04/08/2016)
RESPONSE in Opposition re 72 MOTION for Summary Judgment by Worldwide Equipment of TN, Inc. filed by USA. (Attachments: # 1 Trial Attorney Decl., # 2 Ex. A part 1, Tr. Dep. Dotson (Dec. 15, 2006), # 3 Ex. A part 2, Tr. Dep. Dotson (Dec. 15, 2006), # 4 Ex. A part 3, Tr. Dep. Dotson (Dec. 15, 2006), # 5 Ex. B (List of MHSA approved diesel-powered equip., e.g., coal haul trucks, lube trucks, water trucks, fifth wheels, and others), # 6 Ex. C (List of coal haul trucks and other diesel powered vehicles certified for coal mining-related operations))(Perla, Lee) (Entered: 04/08/2016)
RESPONSE in Opposition re 71 MOTION in Limine by Worldwide Equipment of TN, Inc. to Exclude All Post-Sale Use Evidence filed by USA. (Perla, Lee) (Entered: 04/08/2016)
RESPONSE in Opposition re 75 MOTION to Dismiss for Lack of Jurisdiction by USA MOTION for Summary Judgment by USA filed by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Ex. 1 - Polk Dep Excerpts, # 2 Ex. 2 - Dec of John Miller 3-16-16, # 3 Ex. 3 - Faulkner Dep Excerpts, # 4 Ex. 4 - Affidavit of Brandon Adams, # 5 Ex. 5 - Affidavit of Marty Slone, # 6 Ex. 6 - Vest Dep Excerpts, # 7 Ex. 7 - Pigman Dep Excerpts, # 8 Ex. 8 - 2-27-16 Hicks ltr to L. Perla, # 9 Ex. 9 - 3-2-16 Perla ltr to D. Hicks, # 10 Ex. 10 - Gillespie Dep Excerpts, # 11 Ex. 11 - Kinter Dep Excerpts, # 12 Ex. 12 - Reynolds Dep Excerpts, # 13 Ex. 13 - Giapponi Dep Excerpts, # 14 Ex. 14 - Dec of John Miller 4-6-16, # 15 Ex. 15 - Dec of Arnold Lawson)(Posey, William) (Entered: 04/08/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. re 79 Deposition Transcript,,,,,,,,,, of Deposition Transcript and Exhibits of James R. Polk (Attachments: # 1 Exhibit Part 101, # 2 Exhibit Part 102, # 3 Exhibit Part 103, # 4 Exhibit Part 104, # 5 Exhibit Part 105, # 6 Exhibit Part 106, # 7 Exhibit Part 107, # 8 Exhibit Part 108, # 9 Exhibit Part 109, # 10 Exhibit Part 110, # 11 Exhibit Part 111, # 12 Exhibit Part 112, # 13 Exhibit Part 113, # 14 Exhibit Part 114, # 15 Exhibit Part 115, # 16 Exhibit Part 116, # 17 Exhibit Part 117, # 18 Exhibit Part 118, # 19 Exhibit Part 119, # 20 Exhibit Part 120, # 21 Exhibit Part 121, # 22 Exhibit Part 122, # 23 Exhibit Part 123, # 24 Exhibit Part 124, # 25 Exhibit Part 125, # 26 Exhibit Part 126, # 27 Exhibit Part 127, # 28 Exhibit Part 128, # 29 Exhibit Part 129, # 30 Exhibit Part 130, # 31 Exhibit Part 131, # 32 Exhibit Part 132, # 33 Exhibit Part 133, # 34 Exhibit Part 134, # 35 Exhibit Part 135, # 36 Exhibit Part 136, # 37 Exhibit Part 137, # 38 Exhibit Part 138, # 39 Exhibit Part 139, # 40 Exhibit Part 140, # 41 Exhibit Part 141, # 42 Exhibit Part 142, # 43 Exhibit Part 143, # 44 Exhibit Part 144, # 45 Exhibit Part 145, # 46 Exhibit Part 146, # 47 Exhibit Part 147, # 48 Exhibit Part 148, # 49 Exhibit Part 149, # 50 Exhibit Part 150, # 51 Exhibit Part 151, # 52 Exhibit Part 152, # 53 Exhibit Part 153, # 54 Exhibit Part 154, # 55 Exhibit Part 155, # 56 Exhibit Part 156, # 57 Exhibit Part 157, # 58 Exhibit Part 158, # 59 Exhibit Part 159, # 60 Exhibit Part 160, # 61 Exhibit Part 161, # 62 Exhibit Part 162, # 63 Exhibit Part 163, # 64 Exhibit Part 164, # 65 Exhibit Part 165, # 66 Exhibit Part 166, # 67 Exhibit Part 167, # 68 Exhibit Part 168, # 69 Exhibit Part 169, # 70 Exhibit Part 170, # 71 Exhibit Part 171, # 72 Exhibit Part 172, # 73 Exhibit Part 173, # 74 Exhibit Part 174, # 75 Exhibit Part 175, # 76 Exhibit Part 176, # 77 Exhibit Part 177, # 78 Exhibit Part 178, # 79 Exhibit Part 179, # 80 Exhibit Part 180, # 81 Exhibit Part 181, # 82 Exhibit Part 182, # 83 Exhibit Part 183, # 84 Exhibit Part 184, # 85 Exhibit Part 185)(Posey, William) (Entered: 04/06/2016)
DEPOSITION TRANSCRIPT of James R. Polk taken on 2-11-16 by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Exhibit Part 8, # 9 Exhibit Part 9, # 10 Exhibit Part 10, # 11 Exhibit Part 11, # 12 Exhibit Part 12, # 13 Exhibit Part 13, # 14 Exhibit Part 14, # 15 Exhibit Part 15, # 16 Exhibit Part 16, # 17 Exhibit Part 17, # 18 Exhibit Part 18, # 19 Exhibit Part 19, # 20 Exhibit Part 20, # 21 Exhibit Part 21, # 22 Exhibit Part 22, # 23 Exhibit Part 23, # 24 Exhibit Part 24, # 25 Exhibit Part 25, # 26 Exhibit Part 26, # 27 Exhibit Part 27, # 28 Exhibit Part 28, # 29 Exhibit Part 29, # 30 Exhibit Part 30, # 31 Exhibit Part 31, # 32 Exhibit Part 32, # 33 Exhibit Part 33, # 34 Exhibit Part 34, # 35 Exhibit Part 35, # 36 Exhibit Part 36, # 37 Exhibit Part 37, # 38 Exhibit Part 38, # 39 Exhibit Part 39, # 40 Exhibit Part 40, # 41 Exhibit Part 41, # 42 Exhibit Part 42, # 43 Exhibit Part 43, # 44 Exhibit Part 44, # 45 Exhibit Part 45, # 46 Exhibit Part 46, # 47 Exhibit Part 47, # 48 Exhibit Part 48, # 49 Exhibit Part 49, # 50 Exhibit Part 50, # 51 Exhibit Part 51, # 52 Exhibit Part 52, # 53 Exhibit Part 53, # 54 Exhibit Part 54, # 55 Exhibit Part 55, # 56 Exhibit Part 56, # 57 Exhibit Part 57, # 58 Exhibit Part 58, # 59 Exhibit Part 59, # 60 Exhibit Part 60, # 61 Exhibit Part 61, # 62 Exhibit Part 62, # 63 Exhibit Part 63, # 64 Exhibit Part 64, # 65 Exhibit Part 65, # 66 Exhibit Part 66, # 67 Exhibit Part 67, # 68 Exhibit Part 68, # 69 Exhibit Part 69, # 70 Exhibit Part 70, # 71 Exhibit Part 71, # 72 Exhibit Part 72, # 73 Exhibit Part 73, # 74 Exhibit Part 74, # 75 Exhibit Part 75, # 76 Exhibit Part 76, # 77 Exhibit Part 77, # 78 Exhibit Part 78, # 79 Exhibit Part 79, # 80 Exhibit Part 80, # 81 Exhibit Part 81, # 82 Exhibit Part 82, # 83 Exhibit Part 83, # 84 Exhibit Part 84, # 85 Exhibit Part 85, # 86 Exhibit Part 86, # 87 Exhibit Part 87, # 88 Exhibit Part 88, # 89 Exhibit Part 89, # 90 Exhibit Part 90, # 91 Exhibit Part 91, # 92 Exhibit Part 92, # 93 Exhibit Part 93, # 94 Exhibit Part 94, # 95 Exhibit Part 95, # 96 Exhibit Part 96, # 97 Exhibit Part 97, # 98 Exhibit Part 98, # 99 Exhibit Part 99, # 100 Exhibit Part 100)(Posey, William) (Entered: 04/06/2016)
DEPOSITION TRANSCRIPT of Michael W. Faulkner taken on 1-29-16 by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2)(Posey, William) (Entered: 04/06/2016)
DEPOSITION TRANSCRIPT of Jim Reynolds taken on 1-21-16 by Worldwide Equipment of TN, Inc.. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6)(Posey, William) (Entered: 04/06/2016)
MOTION to Strike by Worldwide Equipment of TN, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Vest Depo Excerpts)(Posey, William) (Entered: 03/24/2016)
MOTION to Dismiss for Lack of Jurisdiction by USA , MOTION for Summary Judgment by USA (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Decl. of Proctor, # 4 Ex. A to Decl. of Proctor (Rule 1006 Summary), # 5 Decl. of Harris, # 6 STRICKEN, # 7 Ex. A to Decl. of Pigman (Expert's Report), # 8 Decl. of Flood, # 9 Ex. A to Decl. of Flood (STL DOT 119 Test of L317 tire when tested as an on-road tire), # 10 STRICKEN, # 11 Ex. A to Decl. of Vest (Expert's Report), # 12 Ex. B to Decl. of Vest (Photos of Plaintiffs' Dump Trucks and Similarly Built Vehicles), # 13 Decl. of Gibson, # 14 Decl. of Truesdell, # 15 Decl. of Day, # 16 Ex. A to Decl. of Day (subpoena), # 17 Ex. B to Decl. of Day (Ky CVE Roadside Inspection Reports), # 18 Ex. C to Decl. of Day (Summary of Ky CVE Roadside Inspection Reports), # 19 Decl. of Blankenship, # 20 Ex. A to Decl. of Blankenship (W.Va. PSC Roadside Inspection Reports), # 21 Decl. of Duncan, # 22 Decl. of Kelder, # 23 Decl. of Harless, # 24 Decl. of TA, # 25 Ex. A to Decl. of TA (Jt. Comm Rpt.), # 26 Ex. B to Decl. of TA (Pls. resp. 1st set disc.), # 27 Ex. C to Decl. of TA (Pls. resp. to 2nd set disc.), # 28 Ex. D to Decl. of TA (Pls. resp. to 4th set disc.), # 29 Ex. F to Decl. of TA (Plaintiffs eight state and DOT inspections records), # 30 Dotson Dep. Tr., # 31 Kinter Dep. Tr., # 32 Kinter Dep. Ex. 19 (Mack SED Ltr.), # 33 Kinter Dep. Ex. 20 (Mack's certifications), # 34 Kinter Dep. Ex. 24 (Mack's certifications), # 35 McKenna Dep. Tr., # 36 Gillespie Dep. Tr., # 37 Gillespie Dep. Ex. 55 (vehicle certifications), # 38 Gillespie Dep. Ex. 60 (GSO), # 39 Giapponi Dep. Tr., # 40 Giapponi Dep. Ex. 67 (Tire & Rim Handbook sec. 3), # 41 Giapponi Dep. Ex. 68 (Tire & Rim Handbook sec. 4), # 42 Polk Dep. Tr., # 43 Polk Dep. Ex. 153 (representative sample of Plaintiffs' claims), # 44 Polk Dep. Ex. 189 (W.Va. state inspection criteria), # 45 Polk Dep. Ex. 200 (Plaintiffs' customers certifications of their dump trucks as interstate capable), # 46 Reynolds Dep. Tr., # 47 Auxier Dep. Tr., # 48 Faulkner Dep. Tr., # 49 Pigman Dep. Tr., # 50 Vest Dep. Tr., # 51 Wentzel Dep. Tr.)(Perla, Lee) (Additional attachment(s) added on 3/21/2016: # 52 CORRECT - Ex. A to Decl. of Pigman (Expert's Report), # 53 CORRECT-Ex. A to Decl. of Vest (Expert's Report) Pgs 1-37, # 54 CORRECT-Ex. A to Decl. of Vest (Expert's Report) Pgs 38-74, # 55 CORRECT-Ex. A to Decl. of Vest (Expert's Report) Pgs 75-112, # 56 CORRECT-Ex.B to Decl. of Vest (Photos of Pla's Dump Trucks Pgs 1-5, # 57 CORRECT-Ex.B to Decl. of Vest (Photos of Pla's Dump Trucks) Pgs 6-13) (MJY). Modified text & restrictions on 5/6/2016 STRICKEN (Part 6 & 10) PER ORDER #98 (TDA). (Entered: 03/18/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. re 71 MOTION in Limine by Worldwide Equipment of TN, Inc. to Exclude All Post-Sale Use Evidence (Attachments: # 1 Proposed Order)(Posey, William) (Entered: 03/18/2016)
MOTION in Limine by Worldwide Equipment of TN, Inc. to Exclude All Post-Sale Use Evidence Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Posey, William) (Additional attachment(s) added on 3/21/2016: # 3 Proposed Order) (MJY). (Entered: 03/18/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Craig Vest (Attachments: # 1 Exhibit Vest Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4)(Posey, William) (Entered: 03/16/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Jerry G. Pigman PE (Attachments: # 1 Exhibit Pigman Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4, # 6 Exhibit Part 5, # 7 Exhibit Part 6, # 8 Exhibit Part 7, # 9 Exhibit Part 8, # 10 Exhibit Part 9, # 11 Exhibit Part 10, # 12 Exhibit Part 11, # 13 Exhibit Part 12, # 14 Exhibit Part 13, # 15 Exhibit Part 14, # 16 Exhibit Part 15, # 17 Exhibit Part 16, # 18 Exhibit Part 17, # 19 Exhibit Part 18, # 20 Exhibit Part 19, # 21 Exhibit Part 20, # 22 Exhibit Part 21, # 23 Exhibit Part 22, # 24 Exhibit Part 23, # 25 Exhibit Part 24, # 26 Exhibit Part 25, # 27 Exhibit Part 26, # 28 Exhibit Part 27)(Posey, William) (Entered: 03/16/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of David McKenna (Attachments: # 1 Exhibit McKenna Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3)(Posey, William) (Entered: 03/16/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Robert J. Kinter (Attachments: # 1 Exhibit Kinter Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3)(Posey, William) (Entered: 03/16/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Thomas D. Gillespie Ph.D. (Attachments: # 1 Exhibit Gillespie Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4, # 6 Exhibit Part 5, # 7 Exhibit Part 6)(Posey, William) (Entered: 03/16/2016)
NOTICE OF FILING by Worldwide Equipment of TN, Inc. of Deposition Transcript and Exhibits of Thomas Giapponi (Attachments: # 1 Exhibit Giapponi Transcript, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4, # 6 Exhibit Part 5, # 7 Exhibit Part 6, # 8 Exhibit Part 7)(Posey, William) (Entered: 03/16/2016)
BENCH TRIAL SCHEDULING ORDER : 1. Final PTC scheduled for June 13, 2016, at 11:00 a.m. at the US Courthouse in Covington, Ky. 2. No later than twenty-one days before the Final PTC, counsel shall exchange proposed findings of fact and conclusions of law. Counsel shall then meet and discuss what findings of fact and conclusions of law they agree upon. 3. No later than fourteen days before the Final Pretrial PTC, counsel shall file agreed findings of fact and conclusions of law & shall email an electronic copy to the Courts chambers. 4. No later than fourteen days before the Final PTC, Parties comply with (a) - (c); 5. No later than seven days before the Final PTC, counsel shall comply with (a) - (c); 6. No later than two days before the Final PTC, the parties shall file responses to motions; 7. At the Final Pretrial Conference, counsel for the parties shall be prepared to comply with (a) - (e); 8. Court Copies. In addition to the official copies filed with the Clerk of the Court, the following documents shall be submitted to the undersigneds Chambers electronically: See (a) - (c). TRIAL This action is hereby set for Bench Trial on August 1, 2016, at 9:00 a.m., at the US Courthouse in Covington, Kentucky. Parties are directed to arrive thirty minutes before the scheduled trial time. The anticipated length of the trial is one week. Signed by Judge Amul R. Thapar on 2/25/16.(MJY)cc: COR, Cov Court Diary (Entered: 02/25/2016)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 2/18/2016, before Judge Amul R. Thapar: (1) Parties SHALL FILE motions for S/J no later than March 18, 2016. Responses shall be due April 8, 2016; replies shall be due April 15, 2016. Parties comply with items a - e. (2) Parties SHALL FILE Daubert motions no later than May 23, 2016. Parties comply with items a - d. (3) A separate order will issue setting the final pretrial conference and bench trial. (Court Reporter Lisa Wiesman.) Signed by Judge Amul R. Thapar on 2/18/16. (MJY)cc: COR (Entered: 02/19/2016)
ORDER: the teleconference previously scheduled for February 9 is RESCHEDULED for February 18, 2016 at 10 a.m. Parties should access the teleconference using the dial-in information included in the Courts previous order. 30 Signed by Judge Amul R. Thapar on 2/2/16.(MJY)cc: COR, Covington Court Diary Modified text on 2/3/2016 (MJY). (Entered: 02/02/2016)
MEMORANDUM IN OPPOSITION to re 57 Defendant's Memorandum in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment filed by Worldwide Equipment of TN, Inc. (Posey, William) Modified text on 1/26/2016 (MJY). (Entered: 01/25/2016)
STIPULATION AND AGREED ORDER re 58 : Accordingly, parties follow brief extension of deadlines previously set in Court's November 12, 2015 Order (Doc. # 43 ) so parties can conduct additional discovery: a. Discovery Cutoff - this deadline is extended from February 1, 2016 to February 15, 2016 so parties may complete the three depositions identified above; b. Pre-Motion and Post-Discovery Conf. - this deadline remains February 9, 2016 at 2:00 p.m. c. Memoranda Setting Forth Grounds for Anticipated Motions for Summary Judgment and Daubert Motions - this deadline has passed and therefore remains January 11, 2016; d. Responses to Memoranda - this deadline remains January 25, 2016. Signed by Judge Amul R. Thapar on 1/22/2016. (TDA) cc: COR (Entered: 01/22/2016)
MEMORANDUM re 43 Setting Forth the Grounds for their Intended Motion in Limine to Exclude the Expert Testimony of Craig Vest filed by Worldwide Equipment of TN, Inc.. (Posey, William) Modified text on 1/26/2016 (MJY). (Entered: 01/11/2016)
MEMORANDUM re 43 of Plaintiff Setting Forth the Grounds for their Intended Motion in Limine to Exclude the Expert Testimony of Jerry G. Pigman filed by Worldwide Equipment of TN, Inc.. (Posey, William) Modified text on 1/26/2016 (MJY). (Entered: 01/11/2016)
MEMORANDUM re 43 of Plaintiff of Setting Forth the Grounds for their Intended Motion for Summary Judgment filed by Worldwide Equipment of TN, Inc.. (Posey, William) Modified text on 1/26/2016 (MJY). (Entered: 01/11/2016)
MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE: proceedings held on 11/20/2015 before Magistrate Judge J. Gregory Wehrman. Parties were unable to reach a final resolution but have agreed to continue discussions with the Court acting as mediator. Accordingly; IT IS ORDERED that this file is returned to the chambers of Judge Amul R. Thapar for further order. (TDA)cc: COR (Entered: 11/20/2015)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/18/2015, Before Judge Amul R. Thapar: (1) US' Rule 72 motion for relief from the order denying request for relief from the full-settlement-authority requirement, R. 46 , is GRANTED IN PART AND DENIED IN PART. (2) Acting Associate Attorney General Stuart Delery is excused from attending the settlement conference on November 20, 2015. (3) The Chief of DOJs Civil Trial Section for the Eastern Region, Deborah S. Meland, shall attend the settlement conference on November 20, 2015. (4) If Ms. Meland decides to settle the case, she will make her best efforts to get that settlement approved by Mr. Delery or some other official with the legal authority to approve settlement on behalf of the US. (5) Any future requests for a court-mediated settlement conference will be denied. (6)US' emergency motion for stay of the November 20, 2015 settlement conference, R. 47 , is DENIED. (Court Reporter Lisa Wiesman.)Signed by Judge Amul R. Thapar on 11/19'/15. (MJY)cc: COR Modified text on 11/19/2015 (MJY). (Entered: 11/19/2015)
RESPONSE in Opposition re 46 MOTION RULE 72 MOTION FOR RELIEF FROM ORDER [R. 45] DENYING REQUEST FOR RELIEF FROM THE FULL SETTLEMENT AUTHORITY REQUIREMENT re 45 Order, Terminate Motions,, by USA filed by Worldwide Equipment of TN, Inc.. (Posey, William) (Entered: 11/17/2015)
RESPONSE in Opposition re 47 EMERGENCY MOTION to Stay re 39 Order, Set Hearings, Terminate Hearings,,, by USA filed by Worldwide Equipment of TN, Inc.. (Posey, William) (Entered: 11/17/2015)
EMERGENCY MOTION to Stay re 39 Order, Set Hearings, Terminate Hearings,,, by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Perla, Lee) (Entered: 11/16/2015)
MOTION RULE 72 MOTION FOR RELIEF FROM ORDER [R. 45] DENYING REQUEST FOR RELIEF FROM THE FULL SETTLEMENT AUTHORITY REQUIREMENT re 45 Order, Terminate Motions,, by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Exhibit (excerpt from Joint Committee Report))(Perla, Lee) (Entered: 11/16/2015)
MEMORANDUM ORDER: The United States motion for relief from the Courts order requiring a person with full decision making authority attend the upcoming settlement conference (doc. 41 ) is denied. Signed by Magistrate Judge J. Gregory Wehrman on 11/13/15.(MJY)cc: COR (Entered: 11/13/2015)
RESPONSE in Opposition re 41 MOTION for relief from Nov. 5, 2015 Order and allowing the substitution of settlement conference attendees re 39 Order, Set Hearings, Terminate Hearings,,, by USA filed by Worldwide Equipment of TN, Inc.. (Posey, William) (Entered: 11/12/2015)
STIPULATION AND AGREED ORDER FOR JOINT MOTION EXTENSION OF TIME re 40 : USA & Worldwide Equipment, Inc., hereby stipulate & agree as follows: 1. Magistrate Wehrman ordered 2nd settlement conference to be held on November 20, 2015. Doc. # 39 . 2. Magistrate Wehrman indicated that the parties were to file a pleading proposing new dates to extend the discovery ddl & other dates. 3. Accordingly, the parties propose the following extension of ddls re 40 , previously set in the Court's order Doc. # 30 so that the 2nd settlement conference can be convened and to facilitate full consideration of any settlement proposal: a. Discovery Cutoff- February 1, 2016; b. PMPD Conference- February 9, 2016, 2:00 PM; c. Memoranda Setting Forth Grounds for Anticipated Motions for S/J & Daubert Motions - January 11, 2016: d. Responses to Memoranda - January 25, 2016. Signed by Judge Amul R. Thapar on 11/12/15. (MJY)cc: COR Modified text & created link on 11/13/2015 (TDA). (Entered: 11/12/2015)
ORDER: Plaintiff shall respond to the United States motion for relief (doc. 41 ) no later than November 12, 2015, after which the motion shall stand submitted. Signed by Magistrate Judge J. Gregory Wehrman on 11/6/15.(MJY)cc: COR (Entered: 11/06/2015)
MOTION for relief from Nov. 5, 2015 Order and allowing the substitution of settlement conference attendees re 39 Order, Set Hearings, Terminate Hearings,,, by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Perla, Lee) (Entered: 11/06/2015)
JOINT MOTION for Extension of Time by USA (MOTION FOR ENTRY OF AGREED ORDER EXTENDING TIME) Motions referred to Edward B. Atkins. (Perla, Lee) (Entered: 11/06/2015)
ORDER: 1. A second settlement conference will be held on NOVEMBER 20, 2015 at 12:30 p.m. at the U.S. Courthouse, 35 West Fifth St., Covington, Ky; 2. A representative from the DOJ with full settlement authority SHALL ATTEND on behalf of the US; and 3. The previously ordered November 19, 2015 settlement conference is vacated. Signed by Magistrate Judge J. Gregory Wehrman on 11/5/15.(MJY)cc: COR, Cov CD (Entered: 11/05/2015)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/4/2015. before Magistrate Judge J. Gregory Wehrman: Order to be filed separately. (Court Reporter No Court Reporter.) (MJY)cc: COR (Entered: 11/05/2015)
ORDER : 1. A second settlement conference will be held on NOVEMBER 19, 2015 at 10:00 a.m. at the U.S. Courthouse, 35 West Fifth Street, Covington, Kentucky; and 2. A representative from the Department of Justice with full settlement authority SHALL ATTEND on behalf of the United States. Signed by Magistrate Judge J. Gregory Wehrman on 11/4/15.(MJY)cc: COR & Cov CD. Modified text on 11/5/2015 (MJY). (Entered: 11/04/2015)
MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 9/28/15, before Magistrate Judge J. Gregory Wehrman: A settlement conference was held on September 28, 2015 with following appearances: Terry Dotson for plaf Worldwide Equipment of TN, Inc., Bill Posey and Drew Hicks, plafs attorneys; Lee Perla and Joe Hunsader, attorneys for dft USA. The parties were unable to reach a final settlement but have agreed to continue negotiations with theCourt acting as mediator. Accordingly; IT IS ORDERED that this file is returned to the chambers of Judge Amul R. Thapar for further order. (Court Reporter: No Court Reporter.) (MJY)cc: COR (Entered: 09/29/2015)
MOTION to Withdraw as Attorney by Worldwide Equipment of TN, Inc. of Lori G. Heilman Motions referred to Edward B. Atkins. (Attachments: # 1 Consent of Irvin Dotson, # 2 Proposed Order)(Posey, William) (Entered: 09/10/2015)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE: A conference call to discuss a settlement conference was held on 8/31/15 before Magistrate Judge J. Gregory Wehrman. Court and counsel having agreed on a date for the conference, it is ORDERED: 1. A settlement conference will be held at 9:30 a.m. on September 28, 2015 in Covington, KY. Parties ordered to have their clients, and/or someone authorized to negotiate and approve a settlement present in person. However, US' motion for relief from the requirement that someone with full settlement authority be present in person (doc. 31 ) is granted but US is cautioned that Court may reconsider matter upon receipt and evaluation of parties' settlement evaluations; and 2. Counsel must submit to chambers (by email) on or before September 21, 2015, a concise, confidential settlement evaluation, not to exceed 7 pages, which includes strengths and weaknesses of case, a liability and damage assessment, and a summary of prior settlement negotiations, if any. This document should NOT be filed with Clerk, as it is intended solely for Court's use before and during conference. (TDA) cc: COR (Entered: 08/31/2015)
MOTION RELIEF FROM REQUIREMENT THAT PERSON WILL FULL SETTLEMENT AUTHORITY ATTEND SETTLEMENT CONFERENCE by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Perla, Lee) (Entered: 08/28/2015)
MINUTE ENTRY ORDER: On Wednesday, August 26, 2015, the Court held a telephone conference. Accordingly, it is ORDERED that: (1) The stay of discovery shall remain in place until October 2, 2015. (2) The in-person settlement conference before Magistrate Judge J. Gregory Wehrman remains scheduled for September 28, 2015 at 9:00 A.M. at Covington. Someone from each side, with full settlement authority, must attend the conference. (3) Discovery will be extended until December 2, 2015. No further continuances will be granted by the Court. (4) Pre-Motion and Post-Discovery Conference. Before the Court will consider any motion for summary judgment or Daubert motion, a Pre-Motion and Post-Discovery Conference is required with the Court: a. This telephonic conference is SCHEDULED for Thursday, December 10, 2015, at 10:00 a.m. A court reporter is needed and will be provided by the Court. Parties shall access the conference call by following steps (i)-(iii). A court reporter will be provided by Court. See items (b)-(h). (5) Motion practice shall be governed by Local Rule 7.1. (6) The Court shall deem a failure to respond to a motion in a timely fashion to be a waiver and/or admission of its contents. (7) At PMPD Conference, Court will set deadlines for any pretrial filings and schedule the pretrial conference and trial. (8) Requests to modify any dates or deadlines established by this Order shall not be granted. Signed by Judge Amul R. Thapar on 8/27/2015. (Court Reporter LISA WIESMAN) (TDA) cc: COR (Entered: 08/27/2015)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/2/2015, before Judge Amul R. Thapar: (1) The parties joint motion for a 90-day stay of discovery 27 is GRANTED. Discovery in this matter is stayed until Friday, October 2, 2015. (2) A telephonic status conference is SCHEDULED for Wednesday, August 26, 2015, at 2:00 p.m. to discuss the progress of settlement negotiations. Parties should see the Courts prior order, R. 28 , for dial-in instructions. (3) An in-person settlement conference is SCHEDULED for Monday, September 28, 2015 before the Honorable J. Gregory Wehrman, United States Magistrate Judge at the US Courthouse in Covington, Ky. Judge Wehrman will set a time. Someone from each party, with full settlement authority, must attend the conference. (Court Reporter Lisa Wiesman.) (MJY)cc: COR, Covington Clerk, Wehrman (Entered: 07/02/2015)
ORDER: The parties have filed a joint motion to stay discovery pending settlement discussions. R. 27 . Accordingly, it is ORDERED that a telephonic conference is SCHEDULED for Thursday, July 2, 2015, at 10:45 a.m. to discuss this matter. A court reporter is needed and will be provided by the Court. The parties must DIAL IN to this conference call five minutes before the scheduled time by following these steps: (See (A) - (C)). Signed by Judge Amul R. Thapar on 7/1/15.(MJY)cc: COR, Covington Clerk (Entered: 07/01/2015)
JOINT MOTION to Stay by USA , and Plaintiffs, Worldwide Equipment, Inc., Worldwide Equipment of TN, Inc., and Worldwide Equipment of West Virginia, Inc. (sometimes collectively referred to as Worldwide), so that the parties may pursue resolution of all controversies. Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Perla, Lee) Modified to add all filers on 7/2/2015 (MJY). (Entered: 07/01/2015)
ORDER ON MOTION TO AMEND THE SCHEDULING ORDER AND TO CONSOLIDATE CASES: 1. Worldwide Equipment, Inc. v. United States of America, Case No. 7:15-cv-00018-ART-EBA and Worldwide Equipment of West Virginia, Inc. v. United States of America, Case No. 7:15-cv-00019 are hereby consolidated with the above-captioned action. 2. Consolidation will be for joint discovery, & Scheduling Order, R. 16 , as amended below, shall apply to all of the consolidated cases. 3. Any after filed, related case presenting issues on the same trucks at issue in these consolidated cases, may be consolidated with this action upon motion by one or more of the parties, purs to Rule 42, & absent a showing of undue prejudice. 4. US must file an Answer in the other cases, but all discovery requests and motions practice as well as the consolidated trial of all four cases will be conducted under the above caption. Citations to complaints and/or answers must be specific as to which case, when necessary to avoid confusion or ambiguity. 5. Supplementation of disclosures & responses due w/in 30 days of new info, but no later than MONDAY, AUGUST 3, 2015. 6. Rule 26(a)(2) identification of experts and disclosures of reports are due: a. From Plafs by MONDAY, MARCH 9, 2015, w/any supplementation by MONDAY, JUNE 22, 2015. From Dft by MONDAY, APRIL 20, 2015, w/supplementation due MONDAY, JUNE 22, 2015. 7. Fact & expert discovery shall be completed by MONDAY, AUGUST 24, 2015. 8. The pre-motion and post-discovery telephonic conf set MONDAY, SEPTEMBER 21, 2015 at 10:00 a.m., or as soon thereafter as the parties may be heard. See items (a) through (g). 9. Motion practice shall be governed by Local Rule 7.1 except as otherwise provided here or in the Scheduling Order, R. 16 . 10. The Court shall deem a failure to respond to a motion or memorandum in a timely fashion to be a waiver and/or admission of its contents. 11. Trial set for TRIAL BY JURY for TUESDAY, DECEMBER 15, 2015, at 9:00 a.m., in the U.S. Courthouse, Pikeville, Ky, and counsel shall appear at 8:30 a.m. 12. Counsel refer to the previous Scheduling Order, R. 16 , for any other relevant instructions. 13. The joint motion to amend, R. 21 , and proposed agreed order, R. 24 , GRANTED to extent reflected in this Order. Signed by Judge Amul R. Thapar on 03-23-15.(MJY)cc: COR (Entered: 03/23/2015)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/13/2015. before Judge Amul R. Thapar: (1) By Friday, March 20, 2015, the US shall NOTIFY the Court if the recently filed cases may be consolidated with this case or if it objects to consolidation. (2) By Friday, March 20, 2015, the parties shall FILE an agreed order extendingdiscovery. Assuming that the cases may be consolidated, the completion ofdiscovery may be extended to no later than August 24, 2015. The parties mayinclude other agreements in their order. The parties shall submit the order toThapar_Chambers@kyed.uscourts.gov. (Court Reporter Ann Banta.) Signed by Judge Amul R. Thapar on 3/13/15. (MJY)cc: COR (Entered: 03/13/2015)
ORDER: a telephonic conference is SCHEDULED for Friday, March 13, 2015, at 1:30 p.m. A court reporter is needed and will be provided by the Court. The parties must DIAL IN to this conference call five minutes before the scheduled time by following these steps: See (A) - (C). Signed by Judge Amul R. Thapar on 3/6/15.(MJY)cc: COR, Lexington Court Diary (Entered: 03/09/2015)
JOINT MOTION to Amend Scheduling Order, re 16 by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Perla, Lee) Modified text and to add filers on 3/4/2015 (MJY). (Entered: 03/03/2015)
ORDER: the motion to amend the scheduling order, R. 19 ,is DENIED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 1/28/15. (MJY)cc: COR (Entered: 01/28/2015)
PROPOSED Agreed Order to Amend/Correct 16 Minute Entry Order by USA Motions referred to Edward B. Atkins. (Perla, Lee) Modified text on 1/28/2015 (MJY). (Entered: 01/27/2015)
ORDER: that Pikeville Civil Action 7:14-cv-107-ART-EBA & Pikeville Civil Action 7:14-cv-108-ART-EBA shall be CONSOLIDATED. All further docketing shall be done in 7:14-cv-108-ART-EBA. The Clerk may close Pikeville Civil Action 7:14-cv-107-ART-EBA. Signed by Judge Amul R. Thapar on 1/16/2015. (RKT)cc: COR (Entered: 01/16/2015)
MINUTE ORDER FROM SCHEDULING CONFERENCE held on 12/5/2014, before Magistrate Judge Edward B. Atkins: 1. following ddls shall be observed: (a) Counsel shall exchange infor re Rule 26(a)(1) by MONDAY, DECEMBER 15, 2014; (b) Supplementation & responses as required by Rule 26(e) due w/in 30 days of new info, but no later than MONDAY, APRIL 20, 2015. (c) Rule 26(a)(2) identification of experts and disclosures of reports are due: (i) From Plaf by MONDAY MARCH 9, 2015, supplementation due MONDAY, APRIL 20, 2015;(ii) From Dft by MONDAY, APRIL 6, 2015, supplementation due by MONDAY, APRIL 20, 2015. (d) Fact and expert discovery shall be completed by MONDAY, MAY 11, 2015. 2. Pursuant to FRCP Rule 5(d), the parties shall observe directives regarding the filing of discovery materials unless the Court otherwise specifically so orders: See (a) & (b). 3. Discovery disputes shall be resolved: See (a)-(c). 4. Court will not enforce any agreements to extend discovery ddls w/out Court approval. MOTIONS Any agreed orders or proposed orders shall also be emailed to Thapar_Chambers@kyed.uscourts.gov. 1. Parties shall have to MONDAY, FEBRUARY 9, 2015, to file motions to join parties or amend pleadings. 2. Pre-Motion and Post-Discovery Conference. Before the Court will consider any motion for S/J or Daubert motion, a Pre-Motion and Post-Discovery Conf is required: (a) This telephonic conference is SCHEDULED for THURSDAY, MAY 21, 2015 at 10:00 a.m. before District Judge Amul R. Thapar. To access the conference call, parties follow instructions listed at the end of this Scheduling Order. A court reporter is needed and will be provided. See (b)-(h). 3. Motion practice shall be governed by LR 7.1 except as provided in this Scheduling Order. 4. The Court shall deem a failure to respond to a motion or memorandum in atimely fashion to be a waiver and/or admission of its contents. TRIAL This action is scheduled for TRIAL BY JURY for TUESDAY, SEPTEMBER 8, 2015, AT THE HOUR OF 9:00 A.M., in the US Courthouse, Pikeville, Ky. Counsel shall appear at 8:30 A.M. EXTENSIONS OF TIME Requests to modify dates or ddls shall be submitted upon motion filed prior to expiration of the deadline in question. See L.R. 7.1(b). Motions to continue are not favored and must be accompanied by a memorandum and affidavit of counsel outlining sufficient grounds for granting the relief sought. INSTRUCTIONS FOR TELEPHONE CONFERENCES Parties shall access all scheduled telephone conferences as follows: See (1)-(3). (Court Reporter: NONE.) Signed by Magistrate Judge Edward B. Atkins on 12/5/14. (MJY)cc: COR (Entered: 12/05/2014)
ORDER: matter shall come before Court for a telephone conference call on FRIDAY, DECEMBER 5, 2014 AT 9:30 A.M. Counsel shall access the conference by calling AT&T Teleconferencing at 1-877-336-1839; entering the access code 4162817 (followed by #); and when requested, entering the security code 0107 (followed by #). Counsel are directed to review the Courts Referral Order [R. 13] in anticipation of the conference. Signed by Magistrate Judge Edward B. Atkins on 11/25/2014. (TDA) cc: COR (Entered: 11/25/2014)
ORDER: Court will set reasonable ddls that fulfill goals of the Rules. Discovery will last between three and five monthsdepending on the complexity of the case. The Magistrate Judge will schedule the trial for between nine and twelve months from now. Absent truly extraordinary circumstances, the Court will not grant extensions. Matter REFERRED to Mag Judge Edward B. Atkins for all non-dispositive pretrial matters other than See (1)-(3). W/in 21 days of the filing of a responsive pleading, Judge Atkins will issue an order scheduling a telephonic Rule 26(f) meeting. Judge Atkins will set ddls. Court will enforce strictly the ddls set by Judge Atkins. If a defendant moves for the continuance of any deadline, the Court may decide to take any motion for summary judgment by that defendant under advisement until after the completion of the trial. If plaf moves for the continuance of any deadline, Court may continue the trial or take the plafs motion for S/J under advisement until after the completion of the trial. Continuances granted very rarely. Signed by Judge Amul R. Thapar on 11/25/14.(MJY)cc: COR Modified text on 11/26/2014 (MJY). (Entered: 11/25/2014)
SUMMONS Returned Executed by Worldwide Equipment of TN, Inc. via Certified Mail to USA served on 9/30/2014. Service to U.S. Attorney General executed via Certified Mail on 9/30/14. (Posey, William) (Entered: 10/07/2014)
SUMMONS Returned Executed by Worldwide Equipment of TN, Inc. via Certified Mail to Service to U.S. Attorney executed via /Internal Revenue Service on 9/25/14; (Posey, William) (Entered: 10/02/2014)
WAIVER OF SERVICE Returned Executed by Worldwide Equipment of TN, Inc.. USA waiver sent on 9/24/2014, answer due 11/24/2014. (Posey, William) (Entered: 10/02/2014)
ORDER: Pla has moved to admit Drew M. Hicks and Mark E. Sims pro hac vice. See R. 6 ; R. 7 . Accordingly, it is ORDERED that the motions, R. 6 ; R. 7 , are GRANTED. Hicks's and Sims's appearances shall be effective as of the date of this order. Signed by Judge Amul R. Thapar on 7/18/2014. (TDA) cc: COR w/ ECF Mandatory Information (Entered: 07/18/2014)
MOTION for Mark E. Sims to Appear Pro Hac Vice by Worldwide Equipment of TN, Inc. ( Filing fee $95; receipt number 0643-2998268) (Attachments: # 1 Affidavit of Mark E. Sims in Support of Motion for Pro Hac Vice, # 2 Proposed Order)(Posey, William) (Entered: 07/16/2014)
MOTION for Drew M. Hicks to Appear Pro Hac Vice by Worldwide Equipment of TN, Inc. ( Filing fee $95; receipt number 0643-2998257) (Attachments: # 1 Affidavit of Drew M. Hicks in Support of Motion for Pro Hac Vice, # 2 Proposed Order)(Posey, William) (Entered: 07/16/2014)
NOTICE TO ATTORNEY Michael J. Moeddel by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: # 1 Attorney Data Form)(RCB) (Entered: 07/14/2014)
NOTICE TO ATTORNEY Mark E. Sims by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: # 1 Attorney Data Form)(RCB) (Entered: 07/14/2014)
FRCP 7.1 DISCLOSURE STATEMENT by Worldwide Equipment of TN, Inc. identifying it is a wholly owned subsidiary of Worldwide Enterprises, Inc. (RCB) (Entered: 07/11/2014)
COMPLAINT filed by Worldwide Equipment of TN, Inc. (Filing fee $400; receipt number 0643-2995489) (Attachments: # 1 Exhibit A - Letter from Kentucky State Police, # 2 Exhibit B - Letter from WV Dept. of Transportation, # 3 Exhibit C - Letter from IRS, # 4 Proposed Summons USA, # 5 Proposed Summons Dept. of Justice, # 6 Proposed Summons IRS, # 7 Civil Cover Sheet, # 8 Case Assignment)(RCB) (Entered: 07/11/2014)
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