Winnett et al v. Caterpillar, Inc.

Filing 428

ORDER: For the reasons stated in the accompanying Memorandum, the Motion to Sever 364 will be GRANTED. The remaining third-party claims and contingent counterclaims will be the subject of a separate trial, following the resolution of the claims of both the Winnett and Kerns classes of retiree plaintiffs. Signed by District Judge Aleta A. Trauger on 1/28/10. (dt)

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THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARY T. WINNETT, et al., Plaintiffs, ) ) ) v. ) ) CATERPILLAR INC., ) ) Defendant/Third-Party Plaintiff, ) ) v. ) ) INTERNATIONAL UNION, UAW, et al. ) ) Third-Party Defendants. ) JUDITH K. KERNS, et al., ) Plaintiffs, ) v. ) ) CATERPILLAR INC., ) ) Defendant/Third-Party Plaintiff, ) ) v. ) ) INTERNATIONAL UNION, UAW, et al. ) ) Third-Party Defendants. ) ORDER Currently pending before the court is the Third-Party Defendants' Motion to Sever ThirdParty Claims and Contingent Counterclaims for Separate Trial (Winnett, 3:06-cv-0235, Docket No. 364; Kerns, 3:06-cv-01113, Docket No. 174), Caterpillar Inc.'s opposition thereto (Winnett, 3:06-cv-0235, Docket No. 393; Kerns, 3:06-cv-01113, Docket No. 203), and the Third-Party Defendants' reply (Winnett, 3:06-cv-0235, Docket No. 420; Kerns, 3:06-cv-01113, Docket No. 230). The plaintiffs responded in support of the Third-Party Defendants' Motion. (Winnett, Case No. 3:06-CV-00235 Hon. Aleta A. Trauger Mag. Judge Joe B. Brown JURY TRIAL DEMANDED Class Action Case No. 3:06-CV-01113 Hon. Aleta A. Trauger Mag. Judge Joe B. Brown JURY TRIAL DEMANDED Class Action 3:06-cv-0235, Docket No. 368; Kerns, 3:06-cv-01113, Docket No. 180). For the reasons stated in the accompanying Memorandum, the Motion to Sever will be GRANTED. The remaining third-party claims and contingent counterclaims will be the subject of a separate trial, following the resolution of the claims of both the Winnett and Kerns classes of retiree plaintiffs. It is so ORDERED. _______________________ ALETA A. TRAUGER United States District Judge

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