Miller Construction Equipment Sales, Inc. v. Clark Equipment Company
Court Docket Sheet

1:2015-cv-00007 (akd)

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1
06/10/2015
NOTICE OF REMOVAL by Clark Equipment Company d/b/a Doosan Infracore Construction from State of Alaska Juneau Court, case number 1JU-15-688CI. (Filing fee $ 400 receipt number 097--1957544)
1
Exhibit
2
Exhibit
3
Affidavit
3 Attachments
2
06/10/2015
Civil Cover Sheet.
3
06/10/2015
Corporate Disclosure Statement by Clark Equipment Company.
4
06/10/2015
ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days.
5
06/10/2015
ANSWER to Complaint and affirmative defenses, First COUNTERCLAIM against Miller Construction Equipment Sales, Inc. by Clark Equipment Company. Modified on 6/10/2015 to clarify text.
1
Index to Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
15 Attachments
6
06/10/2015
DEMAND for Trial by Jury by Clark Equipment Company.
7
06/10/2015
NOTICE of Compliance with 28 U.S.C. Section 1446(d) by Clark Equipment Company
8
06/11/2015
INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days of service of this order.
9
06/19/2015
NOTICE OF FILING STATE COURT SERVICE LIST by Clark Equipment Company
10
06/26/2015
AMENDED FRCP 7.1 Disclosure Statement by Clark Equipment Company. Amendment to 3 Corporate Disclosure Statement. Modified on 6/29/2015 to clarify text.
11
06/29/2015
Corporate Disclosure Statement by Miller Construction Equipment Sales, Inc.
12
06/30/2015
Miller Construction Equipment Sales, Inc.'s ANSWER to 5 Answer to Complaint, Counterclaim, by All Plaintiffs.
13
06/30/2015
NOTICE OF LODGING STATE COURT DOCUMENT(S) by Clark Equipment Company
1
Notice
1 Attachment
14
06/30/2015
DEMAND for Trial by Jury by Miller Construction Equipment Sales, Inc.
15
07/01/2015
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Richard Birinyi. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--1969872.) by Miller Construction Equipment Sales, Inc.
1
Good Standing Certificate
1 Attachment
16
07/02/2015
CLERK'S NOTICE re 15 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Richard Birinyi, at docket 15, is authorized under D.Ak. LR 83.1(d). Modified on 7/2/2015 to correct date filed.
17
07/09/2015
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Michael Lockerby by Clark Equipment Company.
1
Supplement Additional Court Admissions
2
Exhibit Certificate of Good Standing
3
Exhibit Certificate of Good Standing
4
Certificate of Service
4 Attachments
18
07/09/2015
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Jacob Nelson by Clark Equipment Company.
1
Supplement Additional Court Admissions
2
Exhibit Certificate of Good Standing
3
Exhibit Certificate of Good Standing
4
Certificate of Service
4 Attachments
19
07/09/2015
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Roberta Howell by Clark Equipment Company.
1
Supplement Additional Court Admissions
2
Exhibit Certificate of Good Standing
3
Certificate of Service
3 Attachments
20
07/13/2015
Receipts for J. Nelson, R. Howell and M. Lockerby as to Defendant Clark Equipment Company in the amount $450.00 non-resident attorney payment re 18 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Jacob Nelson, 17 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Michael Lockerby, 19 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Roberta Howell.
1
Pro Hace Vice Receipt - Lockerby
2
Pro Hace Vice Receipt - Nelson
2 Attachments
21
07/16/2015
CLERK'S NOTICE re 17, 18 and 19 Applications to Appear Pro Hac Vice by Michael Lockerby, Jacob Nelson and Roberta Howell at dockets 17, 18, 19, respectively, are authorized under D.Ak. LR 83.1(d).
22
07/22/2015
ORDER that rpt required by Initial Case Status Report Order filed at dkt 8 has not been fld. Rpt now due 7/30/15.
23
07/23/2015
CLERK'S NOTICE: In order to facilitate Ms. Howell's receipt of electronic notices in this case, this office has added her primary e-mail address to her CM/ECF account. Ms. Howell is requested to immediately access her CM/ECF account and add any additional e-mail addresses to her CM/ECF account.
24
07/23/2015
REPORT of Rule 26(f) Planning Meeting.
1
Exhibit
1 Attachment
25
07/27/2015
Proposed Stipulated Protective Order by Clark Equipment Company. Modified on 7/28/2015 to select correct event.
26
07/29/2015
SCHEDULING ORDER: Discovery due by 2/15/2016. Motions due by 3/16/2016. Signed by Judge H. Russel Holland on 7/29/15.
27
07/30/2015
ORDER approving 25 Proposed Stipulated Protective Order. Signed by Judge H. Russel Holland on 7/29/15. Modified on 7/30/2015 to correct signature date.
28
08/25/2015
NOTICE OF WITHDRAWAL OF JACOB W NELSON by Clark Equipment Company
29
09/04/2015
MOTION for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Proposed Order
1 Attachment
30
09/04/2015
DECLARATION of Heather Skaife re 29 MOTION for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Exhibit A
1 Attachment
31
09/04/2015
DECLARATION of Andrew Miller re 29 MOTION for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Exhibit Table of Contents
2
Exhibit A, Part 1 of 2
3
Exhibit A, Part 2 of 2
4
Exhibit B
5
Exhibit C
6
Exhibit D
7
Exhibit E
8
Exhibit F
9
Exhibit G
10
Exhibit H
11
Exhibit I
12
Exhibit J
13
Exhibit K
14
Exhibit L
15
Exhibit M
16
Exhibit N
17
Exhibit O
18
Exhibit P
19
Exhibit Q
20
Exhibit R
20 Attachments
32
09/04/2015
Notice to Counsel re 29 MOTION for Summary Judgment and 31 Declaration, filed by Miller Construction Equipment Sales, Inc. A review of the documents submitted at dockets 29 and 31 confirms that they are over 25 pages in length. If CHAMBERS copies of the documents have not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with CHAMBERS copies of your filings at dockets 29 and 31. The CHAMBERS copies must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page.
33
09/28/2015
RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by Clark Equipment Company.
1
Index of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
6 Attachments
34
09/28/2015
RESPONSE in Opposition re 29 MOTION for Summary Judgment AFFIDAVIT IN SUPPORT OF RESPONSE filed by Clark Equipment Company.
1
Index of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
8 Attachments
35
09/28/2015
ADDITIONAL RELATED DOCUMENT PROPOSED ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT by Clark Equipment Company re 33 Response in Opposition to Motion.
36
09/29/2015
Notice to Counsel re 33 Response in Opposition to Motion and 34 Response in Opposition to Motion, filed by Clark Equipment Company. A review of the documenst submitted at dkts 33 and 34 confirms that they are over 25 pages in length. If CHAMBERS copies of the documents have not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filings at dkts 33 and 34. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page.
37
10/16/2015
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Connor A. Sabatino by Clark Equipment Company.
1
Certificate of Service
2
Exhibit Certificate of Good Standing
2 Attachments
38
10/16/2015
DECLARATION of NON-ELIGIBLE ATTORNEY re 37 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Connor A. Sabatino by Clark Equipment Company. Modified on 10/20/2015 to reflect error. See 10/16/2015 Docket Annotation.
39
10/16/2015
RESPONSE in Support re 29 MOTION for Summary Judgment filed by Miller Construction Equipment Sales, Inc. Modified on 10/19/2015 to reflect error: See 10/16/2015 Docket Annotation. Modified on 10/19/2015 to remove relationship to document #29
1
Exhibit Exhibit A
1 Attachment
10/16/2015
Docket Annotation : : IMMEDIATE ACTION NEEDED: Your recent electronic filing with the District of Alaska is in error: The Declaration filed at docket 38 does not meet the requirements of D.Ak. L.R. 10.1(e). ACTION NEEDED: Attorney to file a prepared Notice of Lodging with the Declaration attached. The Notice of Lodging should be filed using the event Notice (Other) and should be linked to the Motion at 38. (Text entry; no document attached.)
10/19/2015
Docket Annotation IMMEDIATE ACTION NEEDED: Your recent electronic filing with the District of Alaska is in error: Wrong Event Selected re: 39 Response in Support of Motion filed by Miller Construction Equipment Sales, Inc. ACTION NEEDED: Attorney to refile the document using the event Reply to Response to Motion and link it to the filing at docket 29. (Text entry; no document attached.)
40
10/19/2015
REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Miller Construction Equipment Sales, Inc.
1
Exhibit A
1 Attachment
41
10/19/2015
MOTION for Hearing re 29 MOTION for Summary Judgment REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
42
10/23/2015
NOTICE of Lodging by Clark Equipment Company re 38 Declaration, 37 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Connor A. Sabatino
1
Declaration
1 Attachment
43
10/29/2015
Receipt of $150.00 non-resident attorney payment for Connor A. Sabatino as to Defendant Clark Equipment Company. re 37 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Connor A. Sabatino.
44
11/04/2015
CLERK'S NOTICE re 42 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Connor A. Sabatino, at docket 42, is authorized under D.Ak. LR 83.1(d).
45
11/04/2015
STIPULATION TO EXTEND DISCOVERY DEADLINES by Clark Equipment Company.
46
11/05/2015
First MOTION to Compel Production of Documents by Clark Equipment Company.
1
Proposed Order
2
Exhibit RULE 37.1 Certificate
2 Attachments
47
11/05/2015
MEMORANDUM IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS by Clark Equipment Company 46 First MOTION to Compel Production of Documents filed by Clark Equipment Company.
48
11/05/2015
AFFIDAVIT of CONNOR A. SABATINO re 47 Memorandum, 46 First MOTION to Compel Production of Documents by Clark Equipment Company.
1
INDEX OF EXHIBITS
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
15 Attachments
49
11/09/2015
ORDER approving 45 Stipulation; close of expert disc is 4/18/16; disp mots ddln is 5/16/16. Signed by Judge H. Russel Holland on 11/9/15.
50
11/10/2015
NOTICE of Filing an Amended 37.1 Certificate of Good Faith by Clark Equipment Company re 46 First MOTION to Compel Production of Documents
1
Exhibit Rule 37.1 Certificate of Good Faith
1 Attachment
51
11/23/2015
RESPONSE in Opposition re 46 First MOTION to Compel Production of Documents filed by Miller Construction Equipment Sales, Inc.
1
Proposed Order Denying Doosan's Motion to Compel Production of Documents
1 Attachment
52
11/23/2015
DECLARATION of Heather L. Skaife in Opposition re 46 First MOTION to Compel Production of Documents by Miller Construction Equipment Sales, Inc.
53
11/23/2015
DECLARATION of Chris Newman in Opposition re 46 First MOTION to Compel Production of Documents by Miller Construction Equipment Sales, Inc.
1
Exhibit A
1 Attachment
54
11/23/2015
DECLARATION of Garth A. Schlemlein in Opposition re 46 First MOTION to Compel Production of Documents by Miller Construction Equipment Sales, Inc.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
55
11/24/2015
Notice to Counsel re 54 Declaration, filed by Miller Construction Equipment Sales, Inc. A review of the document submitted at dkt 54 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 54. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. Please note that the case number for this case is 1:15-cv-00007-HRH and not C15-cv-00007-HRH.
56
12/03/2015
REPLY to Response to Motion re 46 First MOTION to Compel Production of Documents filed by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
2 Attachments
57
12/03/2015
(Public Entry) Docket number 57 is a SEALED ENTRY for a Document that was filed on 12/3/2015.
58
12/08/2015
MOTION for Hearing re 46 First MOTION to Compel Production of Documents REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
59
01/15/2016
Joint MOTION for Extension of Time to Complete Discovery by Miller Construction Equipment Sales, Inc.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
3
Proposed Order Exhibit C-Proposed Order
3 Attachments
60
01/20/2016
ORDER approving 59 Jt Motion for Extension of Time to Complete Discovery (see PDF for details). Signed by Judge H. Russel Holland on 1/20/16.
61
01/25/2016
ORDER granting Sealed Motion Requesting Leave to File Documents Under Seal 57 ; def has 5 days from date of this order to get docs fld. Modified on 1/25/2016 to create relationship to document #46.
62
02/01/2016
(Public Entry) Docket number 62 is a SEALED ENTRY for a Document that was filed on 2/1/2016.
63
02/01/2016
NOTICE of Filing Documents Under Seal by Clark Equipment Company re 62 Reply to Response to Motion
64
02/02/2016
DECLARATION of Garth A. Schlemlein (Supplemental) re 54 Declaration, 56 Reply to Response to Motion by Miller Construction Equipment Sales, Inc.
1
Exhibit Exhibit A
1 Attachment
65
03/02/2016
NOTICE of Unavailability by Miller Construction Equipment Sales, Inc.
66
03/29/2016
ORDER granting 41 Req for o/a; o/a on plf's mot for sj fld at dkt 29 is set for 4/27/16 at 3:00 PM in Juneau, Alaska before H. Russel Holland.
67
04/27/2016
Minute Entry for proceedings held before Judge H. Russel Holland: Oral Argument on Plaintiff's Motion for Summary Judgment 29 held on 4/27/2016. RE 29 MOTION for Summary Judgment; matter taken UNDER ADVISEMENT, written order to be issued. RE 46 First MOTION to Compel Production of Documents; deferred ruling for one week to allow the parties to notify the court if they intend to proceed with mediation.
68
05/06/2016
ORDER granting in part and denying in part 46 Motion to Compel; denying 58 Motion for Hearing. Signed by Judge H. Russel Holland on 5/6/16.
69
05/06/2016
ORDER granting in part and denying in part 29 Motion for Summary Judgment. Signed by Judge H. Russel Holland on 5/6/16.
70
05/31/2016
MOTION for Attorney Fees on Motion to Compel by Clark Equipment Company.
1
Proposed Order
1 Attachment
71
05/31/2016
AFFIDAVIT of Michael J Lockerby re 70 MOTION for Attorney Fees on Motion to Compel by Clark Equipment Company.
1
Exhibit A
1 Attachment
72
05/31/2016
AFFIDAVIT of Robert P. Blasco re 70 MOTION for Attorney Fees on Motion to Compel by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
2 Attachments
06/01/2016
Docket Annotation : IMMEDIATE ACTION NEEDED: Your recent electronic filing with the District of Alaska is in error: 71 Affidavit filed by Clark Equipment Company the document is not in compliance with D.Ak. LR 5.1 which may result in the document being stricken if not corrected within seven (7) days. ACTION NEEDED: Attorney to file proof of service for the document referenced above. (Text entry; no document attached.)
73
06/01/2016
CERTIFICATE of Counsel re 71 Affidavit of Service by Robert Blasco on behalf of Clark Equipment Company
74
06/08/2016
ORDER re Case Status; parties to confer and provide the court with status report.
75
06/17/2016
RESPONSE in Opposition re 70 MOTION for Attorney Fees on Motion to Compel filed by Miller Construction Equipment Sales, Inc.
76
06/17/2016
DECLARATION of Chris Newman in Opposition re 70 MOTION for Attorney Fees on Motion to Compel by Miller Construction Equipment Sales, Inc. Modified on 6/20/2016 to Create relationship to document #75
77
06/17/2016
DECLARATION of Daniel G. Bruce in Opposition re 70 MOTION for Attorney Fees on Motion to Compel by Miller Construction Equipment Sales, Inc. Modified on 6/20/2016 to Create relationship to document #75
78
06/17/2016
DECLARATION of Heather L. Skaife in Opposition re 70 MOTION for Attorney Fees on Motion to Compel by Miller Construction Equipment Sales, Inc. Modified on 6/20/2016 to Create relationship to document #75
79
06/17/2016
DECLARATION of Laurel Barton in Opposition re 70 MOTION for Attorney Fees on Motion to Compel by Miller Construction Equipment Sales, Inc. Modified on 6/20/2016 to Create relationship to document #75
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
80
06/24/2016
MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order by Miller Construction Equipment Sales, Inc.
1
Proposed Order
1 Attachment
81
06/24/2016
DECLARATION of Heather L. Skaife re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order by Miller Construction Equipment Sales, Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
82
06/24/2016
DECLARATION of Garth A. Schlemlein re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order by Miller Construction Equipment Sales, Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
83
06/27/2016
REPLY to Response to Motion re 70 MOTION for Attorney Fees on Motion to Compel filed by Clark Equipment Company.
84
06/28/2016
MOTION for Hearing re 70 MOTION for Attorney Fees on Motion to Compel REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
85
06/29/2016
MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Proposed Order
4 Attachments
86
06/29/2016
MOTION to Expedite Unopposed Motion for Shortened Time on Motion for Leave to Take Third-Party Discovery of JCB by Clark Equipment Company.
1
Proposed Order
1 Attachment
87
06/29/2016
AFFIDAVIT of Attorney in Support re 86 MOTION to Expedite Unopposed Motion for Shortened Time on Motion for Leave to Take Third-Party Discovery of JCB by Clark Equipment Company.
88
07/01/2016
ORDER granting 86 Motion on Shortened Time on motion for leave to take 3rd-pty disc; plf's oppo to mot for leave to take 3rd pty disc due 7/8/16; reply brf due 7/13/16. Modified on 7/1/2016 to create relationship to document #85
89
07/05/2016
ERRATA and Corrected Certificate of Service by Clark Equipment Company 85 MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) filed by Clark Equipment Company.
1
Corrected Certificate of Service
1 Attachment
90
07/05/2016
ERRATA and Corrected Certificate of Service by Clark Equipment Company 86 MOTION to Expedite Unopposed Motion for Shortened Time on Motion for Leave to Take Third-Party Discovery of JCB filed by Clark Equipment Company.
1
Corrected Certificate of Service
1 Attachment
91
07/05/2016
ERRATA and Corrected Certificate of Service by Clark Equipment Company 87 Affidavit filed by Clark Equipment Company.
1
Corrected Certificate of Service
1 Attachment
92
07/08/2016
RESPONSE in Opposition re 85 MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) filed by Miller Construction Equipment Sales, Inc.
1
Exhibit
1 Attachment
93
07/11/2016
NOTICE of Appearance by John B. Thorsness on behalf of J.C.B., Inc.
94
07/11/2016
MOTION for Leave to File Response to Doosan's Motion to Take Third-Party Discovery of JCB, Inc. by J.C.B., Inc. Modified on 7/11/2016 Create relationship to document #85
1
Exhibit A
2
Proposed Order
2 Attachments
95
07/11/2016
RESPONSE in Opposition re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order filed by Clark Equipment Company.
96
07/13/2016
REPLY to Response to Motion re 85 MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) filed by Clark Equipment Company.
97
07/18/2016
NOTICE of Unavailability of Counsel by Miller Construction Equipment Sales, Inc.
98
07/18/2016
MOTION for Hearing re 85 MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
99
07/18/2016
REPLY to Response to Motion re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order filed by Miller Construction Equipment Sales, Inc.
100
07/18/2016
ORDER: Doosans Motion for Leave to Take Third-Party Discovery of JCB, Inc 85 is denied. A detailed order explaining the courts basis for denying the motion will follow.
101
07/22/2016
MOTION for Hearing re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
102
08/03/2016
ORDER: re 85 MOTION for Discovery (Leave to Take Third-Party Discovery of JCB) filed by Clark Equipment Company. See order for details re denial of motion. Signed by Judge H. Russel Holland on 08/03/2016.
103
08/04/2016
Witness List by Miller Construction Equipment Sales, Inc.
104
08/04/2016
Witness List by Clark Equipment Company.
105
08/12/2016
RESPONSE to Motion (Non-Opposition) re 101 MOTION for Hearing re 80 MOTION re 68 Order on Motion to Compel, Order on Motion for Hearing to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order REQUEST FOR ORAL ARGUMENT filed by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
2 Attachments
106
08/17/2016
ORDER granting 80 Motion to Determine Compliance with May 6, 2016 Order or Alternatively Obtaining Clarification of Order; denying 101 Motion for Hearing. Signed by Judge H. Russel Holland on 8/17/16.
107
08/18/2016
ORDER granting 70 Motion for Attorney Fees & Costs; denying 84 Motion for Hearing; attys' fees & costs awarded def in the amt of $10,505.02. Signed by Judge H. Russel Holland on 8/18/16.
108
10/13/2016
MOTION for Leave to File Amended Final Witness List by Clark Equipment Company.
1
Exhibit A - Doosan's Amended Final Witness List
2
Proposed Order Granting Doosan's Motion for Leave to Amend Final Witness List
2 Attachments
109
10/13/2016
MEMORANDUM in Support by Clark Equipment Company 108 MOTION for Leave to File Amended Final Witness List filed by Clark Equipment Company.
110
10/31/2016
RESPONSE in Opposition re 108 MOTION for Leave to File Amended Final Witness List filed by Miller Construction Equipment Sales, Inc.
111
10/31/2016
DECLARATION of Garth A. Schlemlein in Opposition re 108 MOTION for Leave to File Amended Final Witness List by Miller Construction Equipment Sales, Inc.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
112
11/02/2016
Second MOTION for Summary Judgment Dismising Counterclaims by Miller Construction Equipment Sales, Inc.
113
11/02/2016
DECLARATION of Andrew Miller re 112 Second MOTION for Summary Judgment Dismising Counterclaims by Miller Construction Equipment Sales, Inc.
114
11/02/2016
DECLARATION of Garth A. Schlemlein re 112 Second MOTION for Summary Judgment Dismising Counterclaims by Miller Construction Equipment Sales, Inc.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
115
11/02/2016
MOTION for Summary Judgment by Clark Equipment Company.
116
11/02/2016
MEMORANDUM In Support by Clark Equipment Company 115 MOTION for Summary Judgment filed by Clark Equipment Company.
1
Index of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
16
Exhibit O
17
Exhibit P
18
Exhibit Q
19
Exhibit R
20
Exhibit S
21
Exhibit T
22
Exhibit U
23
Exhibit V
24
Exhibit W
24 Attachments
118
11/03/2016
Notice to Counsel re 117 SEALED MOTION Requesting Leave to File Documents Under Seal, 114 Declaration, 116 Memorandum. A review of the documents submitted at dkts 114, 116, and 117 confirms that they are over 25 pages in length. If CHAMBERS copies of the documents have not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with CHAMBERS copies of your filings at dkts 114, 116, and 117. The CHAMBERS copies must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page.
119
11/10/2016
REPLY to Response to Motion re 108 MOTION for Leave to File Amended Final Witness List filed by Clark Equipment Company.
120
11/10/2016
AFFIDAVIT of MICHAEL J. LOCKERBY re 119 Reply to Response to Motion by Clark Equipment Company.
1
CERTIFICATE OF SERVICE
1 Attachment
121
11/28/2016
RESPONSE in Opposition re 112 Second MOTION for Summary Judgment Dismising Counterclaims filed by Clark Equipment Company.
1
Exhibit (Index of Exhibits)
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
10 Attachments
122
11/28/2016
MOTION to Strike 5 Answer to Complaint, Counterclaim, 34 Response in Opposition to Motion, 31 Declaration, 116 Memorandum, by Miller Construction Equipment Sales, Inc.
1
Proposed Order
1 Attachment
123
11/28/2016
RESPONSE in Opposition re 115 MOTION for Summary Judgment filed by Miller Construction Equipment Sales, Inc.
124
11/28/2016
DECLARATION of Heather L. Skaife re 123 Response in Opposition to Motion, 115 MOTION for Summary Judgment by Miller Construction Equipment Sales, Inc.
125
11/28/2016
DECLARATION of Andrew Miller re 115 MOTION for Summary Judgment, 123 Response in Opposition to Motion by Miller Construction Equipment Sales, Inc.
1
Table of Contents
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
8 Attachments
126
11/28/2016
DECLARATION of Garth A. Schlemlein re 115 MOTION for Summary Judgment, 123 Response in Opposition to Motion by Miller Construction Equipment Sales, Inc.
1
Table of Contents
2
Exhibit 1
3
Exhibit 2
4
Exhibit 3
5
Exhibit 4
6
Exhibit 5
7
Exhibit 6
8
Exhibit 7
9
Exhibit 8
10
Exhibit 9
11
Exhibit 10
12
Exhibit 11
13
Exhibit 12
14
Exhibit 13
15
Exhibit 14
16
Exhibit 15
17
Exhibit 16
18
Exhibit 17
19
Exhibit 18
20
Exhibit 19
21
Exhibit 20
22
Exhibit 21
23
Exhibit 22
24
Exhibit 23
24 Attachments
128
11/28/2016
Notice to Counsel re 125 Declaration, filed by Miller Construction Equipment Sales, Inc., 121 Response in Opposition to Motion, filed by Clark Equipment Company, 123 Response in Opposition to Motion filed by Miller Construction Equipment Sales, Inc., 124 Declaration filed by Miller Construction Equipment Sales, Inc., 127 SEALED MOTION filed by Miller Construction Equipment Sales, Inc., 126 Declaration, filed by Miller Construction Equipment Sales, Inc. A review of the document submitted at dkt 121, 123-127 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 121, 123-127. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page.
129
12/06/2016
ORDER granting 108 Motion for Leave to File Amended Witness List. Signed by Judge H. Russel Holland on 12/6/16.
130
12/15/2016
REPLY to Response to Motion re 112 Second MOTION for Summary Judgment Dismising Counterclaims filed by Miller Construction Equipment Sales, Inc.
131
12/15/2016
DECLARATION of Andrew Miller re 112 Second MOTION for Summary Judgment Dismising Counterclaims, 130 Reply to Response to Motion by Miller Construction Equipment Sales, Inc.
1
Exhibit A
1 Attachment
132
12/15/2016
REPLY to Response to Motion re 115 MOTION for Summary Judgment filed by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
133
12/15/2016
REPLY to Response to Motion re 115 MOTION for Summary Judgment (Second Affidavit of Brady Seavert) filed by Clark Equipment Company. Modified on 12/19/2016 to remove relationship to document #115.
134
12/16/2016
MOTION for Hearing re 112 Second MOTION for Summary Judgment Dismising Counterclaims REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
135
12/16/2016
MOTION for Hearing re 115 MOTION for Summary Judgment REQUEST FOR ORAL ARGUMENT by Miller Construction Equipment Sales, Inc.
12/19/2016
Docket Annotation: Immediate Action Needed: Your recent electronic filing with the District of Alaska is in error: Wrong Event Selected re: 133 Reply to Response to Motion filed by Clark Equipment Company. ACTION NEEDED: Attorney to refile the document using the event Affidavit and link it to the filings at dockets 115 and 132. (Text entry; no document attached.)
136
12/19/2016
AFFIDAVIT of Brady Seavert (Second Affidavit of Brady Seavert) re 132 Reply to Response to Motion, 115 MOTION for Summary Judgment by Clark Equipment Company.
137
12/22/2016
RESPONSE in Opposition re 122 MOTION to Strike 5 Answer to Complaint, Counterclaim, 34 Response in Opposition to Motion, 31 Declaration, 116 Memorandum, (Doosan's Opposition to MCESI's Rule 56(c)(2) Objections) filed by Clark Equipment Company.
138
01/03/2017
MOTION to Take Deposition from Neil Beaton (MCESI's Designated Expert) by Clark Equipment Company.
139
01/03/2017
MEMORANDUM by Clark Equipment Company 138 MOTION to Take Deposition from Neil Beaton (MCESI's Designated Expert) filed by Clark Equipment Company.
140
01/03/2017
REPLY to Response to Motion re 122 MOTION to Strike 5 Answer to Complaint, Counterclaim, 34 Response in Opposition to Motion, 31 Declaration, 116 Memorandum, filed by Miller Construction Equipment Sales, Inc.
141
01/10/2017
ORDER granting def's 117 SEALED MOTION Requesting Leave to File Documents Under Seal & granting plf's 127 SEALED MOTION Requesting Leave to File Documents Under Seal; def & plf to file sealed docs w/i 5 days of this ord.
143
01/13/2017
NOTICE of Filing Document Under Seal by Clark Equipment Company re 142 Sealed Document
144
01/13/2017
SEALED DOCUMENT re 125 Declaration, SEALED Exhibit B to Andrew Miller Declaration in Support of Miller Construction Equipment Sales, Inc.'s Response to Defendant's Motion for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Exhibit B (SEALED)
1 Attachment
145
01/13/2017
NOTICE of Filing Document Under Seal by Miller Construction Equipment Sales, Inc. re 144 Sealed PDF Document
146
01/13/2017
SEALED DOCUMENT re 126 Declaration, SEALED Exhibit 16 to Garth A. Schlemlein Declaration in Support of Miller Construction Equipment Sales, Inc.'s Response to Defendant's Motion for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Exhibit 16 (SEALED)
1 Attachment
147
01/13/2017
SEALED DOCUMENT re 126 Declaration, SEALED Exhibit 17 to Garth A. Schlemlein Declaration in Support of Miller Construction Equipment Sales, Inc.'s Response to Defendant's Motion for Summary Judgment by Miller Construction Equipment Sales, Inc.
1
Exhibit 17 (SEALED)
1 Attachment
148
01/13/2017
NOTICE of Filing Documents Under Seal by Miller Construction Equipment Sales, Inc. re 147 Sealed PDF Document, 146 Sealed PDF Document
149
01/20/2017
RESPONSE in Opposition re 138 MOTION to Take Deposition from Neil Beaton (MCESI's Designated Expert) filed by Miller Construction Equipment Sales, Inc.
1
Proposed Order
1 Attachment
150
01/20/2017
DECLARATION of Garth A. Schlemlein re 138 MOTION to Take Deposition from Neil Beaton (MCESI's Designated Expert), 149 Response in Opposition to Motion by Miller Construction Equipment Sales, Inc.
151
01/23/2017
ORDER setting o/a on 112 Second MOTION for Summary Judgment Dismising Counterclaims and 115 MOTION for Summary Judgment on 2/23/2017 at 11:00 AM in Juneau Courtroom before H. Russel Holland. Signed by Judge H. Russel Holland on 1/23/17.
152
01/25/2017
NOTICE TO COUNSEL: The Court is aware that some counsel of record may not have recognized the December 1, 2016, amendments to the Federal Rules of Civil Procedure. Specifically, the amendment to Federal Rule of Civil Procedure 6(d) whereby the extra 3 days for mailing has been removed if the documents are filed electronically.
153
01/27/2017
MOTION for New Hearing Date Joint Requesting New Date for Hearing on Motions by Miller Construction Equipment Sales, Inc. re 151 Order, Set Motion and R&R Deadlines/Hearings, Terminate Motions, Modified on 1/30/2017 to clarify text.
154
01/27/2017
REPLY to Response to Motion re 138 MOTION to Take Deposition from Neil Beaton (MCESI's Designated Expert) filed by Clark Equipment Company.
1
Exhibit A
2
Exhibit B
2 Attachments
155
02/10/2017
ORDER granting 153 Motion for New Hearing Date; o/a rescheduled for 9:00 AM on 2/28/17 in Anchorage Courtroom 1 before H. Russel Holland.
156
02/22/2017
ORDER denying in part and granting in part 122 Motion to Strike. Signed by Judge H. Russel Holland on 2/22/17.
157
02/28/2017
Minute Entry for proceedings held before Judge H. Russel Holland: Oral Argument on Motions for Summary Judgment [dkts 112, 115] held 9:00 AM to 9:53 AM on 2/28/2017. Oral arguments heard. Matter TAKEN UNDER ADVISEMENT. Written ruling to issue. APPEARANCES: Garth A. Schlemlein, for plaintiff, Michael J. Lockerby, for defendant.
158
03/03/2017
ORDER denying 112 Motion for Summary Judgment. Signed by Judge H. Russel Holland on 3/3/17.
159
03/03/2017
ORDER granting 138 Motion to Take Deposition from Neil J. Beaton. Signed by Judge H. Russel Holland on 3/3/17.
161
03/15/2017
STIPULATION for Proposed Schedule for the Completion of Expert Discovery and Motions in Limine by Clark Equipment Company.
1
Proposed Order
1 Attachment
162
03/16/2017
ORDER approving 161 Scheduling for Completion of Expert Discovery (6/16/17) and Motions in Limine. Signed by Judge H. Russel Holland on 3/16/17. Modified on 3/30/2017 to include ddlns.
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