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This case was last updated from PACER on 12/27/2019 at 08:39:37 (UTC).

Rudd Equipment Company, Inc. v. Volvo Construction Equipment North America, LLC

Case Summary

On 10/28/2019 Rudd Equipment Company, Inc filed a Personal Injury - Other Personal Injury lawsuit against Volvo Construction Equipment North America, LLC. This case was filed in U.S. District Courts, Kentucky Western District. The Judges overseeing this case are David J. Hale and Colin H. Lindsay. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00778

  • Filing Date:

    10/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    Kentucky Western District

Judge Details

Presiding Judge

David J. Hale

Referral Judge

Colin H. Lindsay

 

Party Details

Plaintiff and Counter Defendant

Rudd Equipment Company, Inc.

Defendant and Counter Claimant

Volvo Construction Equipment North America, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Andrea L. R. Nichols

Attorney at Bingham Greenebaum Doll LLP - Lexington

300 W. Vine Street, Suite 1200

Lexington, KY 40507-1665

William Scott Croft

Attorney at Bingham Greenebaum Doll LLP - Louisville

101 S. Fifth Street, Suite 3500

Louisville, KY 40202

Defendant and Counter Claimant Attorneys

Eric J. Meier

Attorney at Husch Blackwell LLP - Milwaukee

555 East Wells Street, Suite 1900

Milwaukee, WI 53202

Jake E. Smith

Attorney at Wyatt, Tarrant & Combs, LLP - Louisville

500 W. Jefferson Street, Suite 2800

Louisville, KY 40202-2898

Ann M. Maher

Attorney at Husch Blackwell LLP - Milwaukee

555 East Wells Street, Suite 1900

Milwaukee, WI 53202

Donald J. Kelly

Attorney at Wyatt, Tarrant & Combs, LLP - Louisville

500 W. Jefferson Street, Suite 2800

Louisville, KY 40202-2898

 

Court Documents

#29

(#29) AMENDED ANSWER to Amended Complaint, Affirmative Defenses , COUNTERCLAIM against Rudd Equipment Company, Inc. by Volvo Construction Equipment North America, LLC. (Meier, Eric) (Entered: 12/26/2019)

#28

(#28) AGREED ORDER Signed by Judge David J. Hale on 12/18/2019, granting #26 - Plaintiff Rudd Equipment Company, Inc. shall have up to and including January 17, 2020, to reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction. (KD) (Entered: 12/18/2019)

26 #1

Proposed Order Tendered Agreed Order

#26

(#26) Joint MOTION Entry of Agreed Order for Extension of Time by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Proposed Order Tendered Agreed Order) (Nichols, Andrea) (Entered: 12/17/2019)

18 #7

Affidavit Declaration of Kent Somerville

18 #6

Affidavit Thomas Holmes

18 #4

Affidavit Declaration of Randy Bushelli

18 #1

Affidavit Declaration of Jonathan Arnold

#18

(#21) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG). (Entered: 12/06/2019)

4 #8

Proposed Order

#2

(#2) Corporate Disclosure Statement by Rudd Equipment Company, Inc. (AME) (Entered: 10/29/2019)

1 #6

Exhibit F - F 2017 Herc Rentals Notice

1 #5

Exhibit E - 2009 Compact Dealer Agreement

1 #4

Exhibit D - 2009 Construction Dealer Agreement

1 #3

Exhibit C - 2005 Compact Dealer Agreement

1 #2

Exhibit B - 2005 Construction Dealer Agreement

1 #1

Exhibit A - Territory Map

#1

(#1) COMPLAINT against Volvo Construction Equipment North America, LLC (Filing fee $400, receipt number 0644-2972089), filed by Rudd Equipment Company, Inc. (Attachments: #1 Exhibit A - Territory Map, #2 Exhibit B - 2005 Construction Dealer Agreement, #3 Exhibit C - 2005 Compact Dealer Agreement, #4 Exhibit D - 2009 Construction Dealer Agreement, #5 Exhibit E - 2009 Compact Dealer Agreement, #6 Exhibit F - F 2017 Herc Rentals Notice) (AME) (Entered: 10/29/2019)

53 More Documents Available

 

Docket Entries

  • 12/26/2019
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  • (#29) AMENDED ANSWER to Amended Complaint, Affirmative Defenses , COUNTERCLAIM against Rudd Equipment Company, Inc. by Volvo Construction Equipment North America, LLC. (Meier, Eric) (Entered: 12/26/2019)

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  • 12/18/2019
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  • (#28) AGREED ORDER Signed by Judge David J. Hale on 12/18/2019, granting #26 - Plaintiff Rudd Equipment Company, Inc. shall have up to and including January 17, 2020, to reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction. (KD) (Entered: 12/18/2019)

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  • 12/18/2019
  • (#27) TEXT ORDER by Judge David J. Hale on 12/18/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) (Entered: 12/18/2019)

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  • 12/17/2019
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  • (#26) Joint MOTION Entry of Agreed Order for Extension of Time by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Proposed Order Tendered Agreed Order) (Nichols, Andrea) (Entered: 12/17/2019)

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  • 12/16/2019
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  • NOTICE OF DOCKET CORRECTION re #18 Response to Motion; Error:Affidavits DN19-25 were filed as separate documents and not as an attachment; Correction:Documents have been attached to corresponding response #18 . User should refer to ECF User Manual, pgs 28-29 for future filings.The ECF Helpdesk is available to answer questions @ 1-866-822-8305. (MLG) (Entered: 12/16/2019)

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  • 12/06/2019
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  • (#25) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG) (Entered: 12/06/2019)

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  • 12/06/2019
  • View Court Documents
  • (#24) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG). (Entered: 12/06/2019)

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  • 12/06/2019
  • View Court Documents
  • (#23) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG). (Entered: 12/06/2019)

    Read MoreRead Less
  • 12/06/2019
  • View Court Documents
  • (#22) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG). (Entered: 12/06/2019)

    Read MoreRead Less
  • 12/06/2019
  • View Court Documents
  • (#21) ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO #18 (Meier, Eric) Modified on 12/16/2019 (MLG). (Entered: 12/06/2019)

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10 More Docket Entries
  • 11/08/2019
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  • (#10) AMENDED COMPLAINT against Volvo Construction Equipment North America, LLC, filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A - Territory Map, #2 Exhibit B - 2005 Construction Dealer Agreement, #3 Exhibit C - 2005 Compact Dealer Agreement, #4 Exhibit D - 2009 Construction Dealer Agreement, #5 Exhibit E - 2009 Compact Dealer Agreement, #6 Exhibit F - 207 Herc Rentals Notice) (Croft, William) (Entered: 11/08/2019)

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  • 11/08/2019
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  • (#9) RESPONSE TO ORDER TO SHOW CAUSE filed by Rudd Equipment Company, Inc.. (Attachments: #1 Exhibit A - Volvo's Application for Certificate of Authority, #2 Exhibit B - Certificate of Formation and Conversion of Volvo, #3 Exhibit C - Business Corporation Annual Report, #4 Exhibit D - Volvo Corporate Disclosure, #5 Exhibit E - Volvo Rule 7.1 Disclosure, #6 Proposed Order) (Croft, William) (Entered: 11/08/2019)

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  • 10/31/2019
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  • (#8) SUMMONS Returned Executed by Rudd Equipment Company, Inc.. Volvo Construction Equipment North America, LLC served on 10/30/2019, answer due 11/20/2019. (Nichols, Andrea) (Entered: 10/31/2019)

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  • 10/30/2019
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  • (#7) Summons Issued as to Volvo Construction Equipment North America, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MEJ) (Entered: 10/30/2019)

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  • 10/29/2019
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  • (#6) NOTICE of Filing by Rudd Equipment Company, Inc. (Attachments: #1 Cover Sheet, #2 Summons) (Nichols, Andrea) (Entered: 10/29/2019)

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  • 10/29/2019
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  • (#5) ORDER by Judge David J. Hale on 10/29/2019. Within fourteen (14) days of entry of this Order, Plaintiff shall SHOW CAUSE why this matter should not be dismissed for lack of subject-matter jurisdiction. cc: Counsel (MEJ) (Entered: 10/29/2019)

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  • 10/29/2019
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  • (#3) Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (AME) (Entered: 10/29/2019)

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  • 10/28/2019
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  • (#4) MOTION for Preliminary Injunction by Plaintiff Rudd Equipment Company, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 2005 Construction Dealer Agreement, #3 Exhibit B - 2005 Compact Dealer Agreement, #4 Exhibit C - 2009 Construction Agreement, #5 Exhibit D - 2009 Compact Dealer Agreement, #6 Exhibit E - Territory Map, #7 Exhibit F - HERC Rental Notice, #8 Proposed Order) (AME) (Entered: 10/29/2019)

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  • 10/28/2019
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  • (#2) Corporate Disclosure Statement by Rudd Equipment Company, Inc. (AME) (Entered: 10/29/2019)

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  • 10/28/2019
  • View Court Documents
  • (#1) COMPLAINT against Volvo Construction Equipment North America, LLC (Filing fee $400, receipt number 0644-2972089), filed by Rudd Equipment Company, Inc. (Attachments: #1 Exhibit A - Territory Map, #2 Exhibit B - 2005 Construction Dealer Agreement, #3 Exhibit C - 2005 Compact Dealer Agreement, #4 Exhibit D - 2009 Construction Dealer Agreement, #5 Exhibit E - 2009 Compact Dealer Agreement, #6 Exhibit F - F 2017 Herc Rentals Notice) (AME) (Entered: 10/29/2019)

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