BENNETT et al v. TEREX CORPORATION et at
| Pennsylvania Western District Court | |
| Judge: | Stephanie L Haines |
| Case #: | 3:23-cv-00142 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jun 29, 2023 |
| Last checked: Tuesday Dec 26, 2023 3:58 AM EST |
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Defendant
TEREX ADVANCE MIXER, INC.
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Represented By
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Defendant
TEREX CORPORATION
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Represented By
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Mediator
DAVID WHITE
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Represented By
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Plaintiff
JENNIFER BENNETT
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Represented By
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Plaintiff
VICTOR J. BENNETT
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Represented By
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| Docket last updated: 86 minutes ago |
| Tuesday, April 29, 2025 | ||
| 27 | 27
minutes
Telephonic Status Conference
Tue 04/29 8:58 AM
Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 4/28/2025. Court convened for Telephone Status Conference. Counsel entered their appearances. The Court began by overviewing upcoming deadlines in the case and asking the parties for a status update. Counsel for Plaintiffs indicated that fact discovery has been completed in this matter and the parties have a mediation scheduled for June 19, 2025, before David White. Counsel for Defendants confirmed the accuracy of the statements made by Plaintiffs' counsel. Defendants' counsel also asked about having Plaintiffs' Workers Compensation attorney present in person or by phone for the mediation session. Counsel for Plaintiffs stated that he would contact that attorney today and request that that attorney be present in person or by phone for the mediation. In the event that it becomes necessary to do so, the parties indicated that they may request that the Court become involved in having the Workers Compensation attorney available for the mediation session. Finally, the Court provided an overview of its process for resolving discovery disputes. Conference adjourned. (Court Reporter: Shirley Hall) (dag) |
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| Wednesday, April 16, 2025 | ||
| 26 | 26
1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/16 9:00 AM
ORDER granting25 Joint Motion to Extend Expert Discovery and ADR Deadlines. The deadline for the parties to complete ADR is extended until June 20, 2025 and the deadline for the parties to complete expert discovery is extended until July 30, 2025. Signed by Judge Stephanie L. Haines on 4/15/2025. (dlg) |
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| Tuesday, April 08, 2025 | ||
| 25 | 25
motion
Extension of Time to Complete Discovery
Tue 04/08 2:51 PM
Joint MOTION for Extension of Time to Complete Discovery (Expert Discovery and ADR deadlines) by TEREX ADVANCE MIXER, INC., TEREX CORPORATION. (Galligan, Thomas) |
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Att: 1
Proposed Order Proposed Order to Joint Motion to Modify Expert Discovery and ADR Deadlines
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| Thursday, March 20, 2025 | ||
| 24 | 24
order
Order
Thu 03/20 3:45 PM
ORDER. IT IS HEREBY ORDERED that the Court will conduct a status conference on April 28, 2025, at 2:30 P.M. The Court will conduct the Conference via a TEAMS audio conference number. The Court will provide the conference phone number and conference ID number via email to all counsel in advance. Signed by Judge Stephanie L. Haines on 3/20/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nsk) |
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| 23 | 23
order
Order Reassigning Case
Thu 03/20 8:33 AM
ORDER - In accordance with 28 U.S.C. § 137(a) and LCvR 40(G), this case is reassigned from Senior U.S. District Judge Kim R. Gibson to U.S. District Judge Stephanie L. Haines. Signed by Chief Judge Mark R. Hornak on 3/20/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms) |
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utility
~Util - Set Hearings
Thu 03/20 3:46 PM
Set/Reset Hearings: Telephonic Status Conference set for 4/28/2025 at 02:30 PM before Judge Stephanie L. Haines. (nsk) |
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| Thursday, February 27, 2025 | ||
| 22 | 22
order
Order
Thu 02/27 9:51 AM
ORDER. IT IS HEREBY ORDERED that the Post-Discovery Status Conference currently scheduled for March 12, 2025, at 10:00 A.M. is CONTINUED pending further order of this Court. Signed by Judge Stephanie L. Haines for Judge Kim R. Gibson on 2/27/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nsk) |
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| Wednesday, November 13, 2024 | ||
| 21 | 21
notice
Notice (Other) - Do Not Use for ADR Documents
Wed 11/13 12:15 PM
NOTICE of Medical Examination by TEREX CORPORATION, TEREX ADVANCE MIXER, INC. (Galligan, Thomas) |
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Att: 1
Exhibit A - Notice of IME for Plaintiff on 12-17-24
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| Wednesday, October 30, 2024 | ||
| 20 | 20
1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 10/30 8:32 AM
ORDER granting19 Second Joint Motion to Extend Discovery and ADR Deadlines and the following deadlines are hereby set in this matter: 1) The parties shall complete all fact discovery by 1/26/2025. 2) Plaintiffs shall make their disclosure of experts required by Rule 26(a)(2) by 2/26/2025. 3) The Post-Discovery Status Conference is rescheduled for 3/12/2025, at 10:00 a.m. 4) Defendants shall make their disclosure of experts required by Rule 26(a)(2) by 3/26/2025. 5) The parties shall complete all expert discovery by 4/26/2025. 6) The parties shall complete ADR by 5/26/2025. Signed by Judge Kim R. Gibson on 10/29/2024. (dlg) |
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| Monday, October 28, 2024 | ||
| 19 | 19
motion
Extension of Time to Complete Discovery
Mon 10/28 3:40 PM
Joint MOTION for Extension of Time to Complete Discovery and ADR Deadlines by TEREX CORPORATION, TEREX ADVANCE MIXER, INC.. (Galligan, Thomas) |
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Att: 1
Proposed Order
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| Monday, July 01, 2024 | ||
| 18 | 18
1
pgs
order
Order on Motion to Extend Time
Mon 07/01 2:57 PM
ORDER granting17 First Joint Motion to Extend Discovery and ADR Deadlines and the following deadlines are hereby set in this matter: 1) The parties shall complete all fact discovery by 9/26/2024. 2) Plaintiffs shall make their disclosure of experts required by Rule 26(a)(2) by 10/29/2024. 3) The Post-Discovery Status Conference is rescheduled for 11/25/2024, at 10:30 a.m. 4) Defendants shall make their disclosure of experts required by Rule 26(a)(2) by 11/28/2024. 5) The parties shall complete all expert discovery by 12/29/2024. 6) The parties shall complete ADR by 1/30/2025. Signed by Judge Kim R. Gibson on 7/1/2024. (dlg) |
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| Friday, June 28, 2024 | ||
| 17 | 17
motion
Extend Time
Fri 06/28 4:00 PM
Joint MOTION to Extend Time to Various Discovery and ADR Deadlines by TEREX ADVANCE MIXER, INC., TEREX CORPORATION. (Galligan, Thomas) |
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Att: 1
Proposed Order Proposed Order
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| Thursday, September 28, 2023 | ||
| 16 | 16
3
pgs
order
Order Referring Case to Mediation
Thu 09/28 3:17 PM
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Mediation. David White is appointed as mediator. The ADR Conference shall be concluded on or before May 31, 2024, unless extended by Order of the Court. It is the responsibility of counsel to ensure that notice of the date, time, and location of the mediation has been electronically filed with the Court on or before April 30, 2024, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 9/28/2023. (dlg) |
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| Tuesday, September 26, 2023 | ||
| 15 | 15
adr
Stipulation Selecting ADR process
Tue 09/26 3:46 PM
STIPULATION selecting ADR process by VICTOR J. BENNETT. (Jancula, Christopher) |
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| Thursday, September 14, 2023 | ||
| 14 | 14
order
Case Management Order
Thu 09/14 3:25 PM
INITIAL SCHEDULING ORDER: Amended Pleadings due by 10/20/2023; Joinder of Parties due by 10/20/2023. The parties shall complete all fact discovery by 6/28/2024. Expert Discovery to be completed by 9/30/2024. Expert Depositions to be completed by 9/30/2024. A Post-Discovery Status Conference is set for 8/22/2024 at 10:30 AM, and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 9/14/2023. (dlg) |
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| 13 | 13
minutes
Case Management Conference
Thu 09/14 3:15 PM
Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an Initial Rule 16 Case Management Conference with counsel for the parties appearing by telephone. The Court began by reviewing the parties' Stipulation Selecting ADR Process. The Court noted that the parties had not yet listed the name of their chosen mediator. The Court directed the parties to file an Amended Stipulation Selecting ADR Process by the end of September 2023. The Court also stated that it would set the deadline for the completion of mediation for May 31, 2024. The Court then turned its attention to the parties' Proposed Initial Scheduling Order. The Court stated that it would schedule the Post-Discovery Status Conference for a date in August 2024. The Court noted that the Post-Discovery Status Conference will be conducted by phone. The Court asked the parties for a brief description of the claims in the case, which the parties provided. (Court Reporter: None) (dlg) |
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| Wednesday, September 06, 2023 | ||
| 12 | 12
misc
Proposed Initial Scheduling Order
Wed 09/06 4:46 PM
Proposed Initial Scheduling Order by VICTOR J. BENNETT. (Jancula, Christopher) |
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| 11 | 11
misc
Proposed Initial Scheduling Order
Wed 09/06 4:05 PM
Proposed Initial Scheduling Order by VICTOR J. BENNETT. (Jancula, Christopher) Document removed from public view per attorney request. Incorrect document attached. Modified text on 9/6/2023. (kss) |
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| 10 | 10
misc
Report of Rule 26(f) Planning Meeting
Wed 09/06 4:03 PM
REPORT of Rule 26(f) Planning Meeting. (Jancula, Christopher) |
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| 9 | 9
adr
Stipulation Selecting ADR process
Wed 09/06 3:59 PM
STIPULATION selecting ADR process by VICTOR J. BENNETT. (Jancula, Christopher) |
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| Tuesday, August 08, 2023 | ||
| 8 | 8
order
Case Management Order
Tue 08/08 11:19 AM
ORDER: Pursuant to Local Rule 16.1 and 16.2, an Initial Rule 16 Case Management Conference shall be held TELEPHONICALLY on September 14, 2023, at 1:30 p.m., and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 8/8/2023. (dlg) |
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Att: 1
Exhibit "A" - Stipulation Selecting ADR Process,
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Att: 2
Exhibit "B" - Fed.R.Civ. P. 26(f) Report,
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Att: 3
Exhibit "C" - Initial Scheduling Order
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| Friday, August 04, 2023 | ||
| 7 | 7
answer
Answer to Complaint
Fri 08/04 3:09 PM
ANSWER to1 Complaint, by TEREX ADVANCE MIXER, INC., TEREX CORPORATION. (Galligan, Thomas) |
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| 6 | 6
notice
Notice of Appearance
Fri 08/04 2:50 PM
NOTICE of Appearance by Arnd N. von Waldow on behalf of TEREX ADVANCE MIXER, INC., TEREX CORPORATION. (von Waldow, Arnd) |
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| 5 | 5
notice
Notice of Appearance
Fri 08/04 2:46 PM
NOTICE of Appearance by Thomas J. Galligan on behalf of TEREX ADVANCE MIXER, INC., TEREX CORPORATION. (Galligan, Thomas) |
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| Friday, July 07, 2023 | ||
| 4 | 4
adr
Notice of ADR Designation
Fri 07/07 9:11 AM
NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh) |
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| Friday, June 30, 2023 | ||
| 3 | 3
misc
Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))
Fri 06/30 3:18 PM
Disclosure Statement by JENNIFER BENNETT, VICTOR J. BENNETT. (Jancula, Christopher) |
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| Thursday, June 29, 2023 | ||
| 2 | 2
service
Summons Issued
Thu 06/29 4:08 PM
Summons Issued as to TEREX CORPORATION, TEREX ADVANCE MIXER, INC. (keh) |
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Att: 1
Summons Terex Advance Mixer, Inc.
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| 1 | 1
18
pgs
cmp
Complaint (for Clerk of Court personnel only)
Thu 06/29 4:01 PM
COMPLAINT against TEREX CORPORATION, TEREX ADVANCE MIXER, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7763361), filed by VICTOR J. BENNETT, JENNIFER BENNETT. (keh) |
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Att: 1
Civil Cover Sheet
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utility
Add and Terminate Judges
Thu 06/29 3:58 PM
Judge Kim R. Gibson added. (keh) |
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misc
QC - Party did not file Disclosure Statement pursuant to FRCvP 7.1(a)(2)
Thu 06/29 4:23 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 Complaint. ERROR: Party did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 7/6/2023. (keh) |
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