Pacific Controls Inc. v. Cummins Inc.
| 1:2019cv03428 |
| December 13, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity Action |
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The following documents for this case are available for you to view or download:
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Filing
206
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: that after a Jury Trial before the Honorable Mary Kay Vyskocil, United States District Judge, the jury having returned a verdict in favor of Defendant, judgment is entered in favor of defendant, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Mary Kay Vyskocil on 7/14/2023) (tg)
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Filing
203
ORDER RESOLVING MOTIONS IN LIMINE terminating 169 Motion in Limine; terminating 173 Motion re: 169 FIRST MOTION in Limine ., 173 MOTION to Exclude the Expert Testimony of Chris Nazareth (Notice of Motion)., [175 ] MOTION to Preclude Plaintiff from Presenting Evidence of Pre-Contractual Expenses or Obligations as Contract Reliance Damages., 177 MOTION in Limine - Notice of Motion in Limine to Limit Evidence and Arguments at Trial., [ 199] MOTION to Preclude Plaintiff from Asserting Damages Inconsistent with its Statements to the Government. ; terminating 175 Motion to Preclude; terminating 177 Motion in Limine; terminating 199 Motion to Preclude. Those motion s are resolved in accordance with the Court's ruling on the record during the Final Pretrial Conference. The Clerk of Court respectfully is requested to close the motions pending at ECF Nos. 169, 173, 175, 177, and 199. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 7/7/2023) (jca)
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Filing
194
ORDER granting 193 Motion re: 193 CONSENT MOTION to Excuse one of Cummins' Trial Counsel from Attending Final Pre-Trial Conference . Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/21/2023) (tg)
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Filing
165
ORDER DENYING MOTIONS IN LIMINE denying without prejudice to renewal by formal motion 132 Motion re: 132 MOTION Exclude the Expert Testimony of Chris Nazareth (Notice of Motion)., 135 MOTION to Preclude Notice of Moti on to Preclude Plaintiff from Presenting Evidence of Pre-Contractual Expenses or Obligations as Contract Reliance Damages., 148 MOTION in Limine (Notice of Motion)., 151 FIRST MOTION in Limine . ; denying without prejud ice to renewal by formal motion 135 Motion to Preclude; denying without prejudice to renewal by formal motion 148 Motion in Limine; denying without prejudice to renewal by formal motion 151 Motion in Limine. The motions pending at ECF Nos. 1 32, 135, 148, and 151 are DENIED without prejudice to renewing 45 days before trial. The Clerk of Court is respectfully requested to terminate docket entries 132, 135, 148, and 151. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/29/2022) (tg)
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Filing
124
ORDER: Because of the parties' last-minute submissions ahead of the pretrial conference, the pretrial conference scheduled for May 10, 2022 at 10:30 AM is ADJOURNED to June 13, 2022 at 11:00 AM. The conference will now be in person in Court room 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Pretrial Conference set for 6/13/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 5/10/2022) (tg)
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Filing
112
ORDER: IT IS HEREBY ORDERED that the proposed joint pretrial order is due on or before March 8, 2022. The parties shall consult the Court's Individual Practice Rule § 7.A. and ensure compliance therewith. The required pretrial filing s outlined in Section 7.B. of the Court's Rules need not be filed with the proposed joint pretrial order. The Court will set a deadline for these submissions at a later date. IT IS FURTHER ORDERED that the pretrial conference scheduled for Fe bruary 22, 2022 at 10:00 AM is ADJOURNED to March 15, 2022 at 10:00 AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. At the pretrial conference the parties should be prepared to discuss their proposed joint pretrial order, trial scheduling and logistics, deadlines for pretrial filings outlined in Section 7.B. of the Court's Individual Practice Rules, and all other pretrial matters. The parties should consult the Court's Individual Practice Rules and ensure compliance therewith. SO ORDERED. ( Proposed Pretrial Order due by 3/8/2022., Telephone Conference set for 3/15/2022 at 10:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 1/28/2022) (tg)
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Filing
108
ORDER granting 104 Letter Motion for Discovery. Having shown good cause to extend expert discovery, IT IS HEREBY ORDERED that Cummins' request for leave to substitute Scott Andrews for its currently designated trial expert on the telematic s industry, Dr. Ralph Wilhelm, is GRANTED. The expert discovery deadline is therefore extended to January 31, 2022. Any deposition of Mr. Andrews must be completed by January 21, 2022. Pacific Control shall file a letter on or before January 31, 2022, advising the Court as to whether it seeks leave to engage a rebuttal expert. Pursuant to Cummins' letter, Cummins is directed not to show Mr. Andrews any of Pacific Control's pre-trial materials, any of the summary judgment brief ing, or this Court's Opinion and Order dated September 29, 2021 in which it granted in part and denied in part Cummins' Motion for Summary Judgment. IT IS FURTHER ORDERED that the pretrial conference scheduled for December 14, 2021 at 2: 30 PM is ADJOURNED to February 22, 2022 at 10:00 AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. The parties shall file their proposed joint pretrial order on or before Feb ruary 15, 2022. The parties shall consult the Court's Individual Practice Rule § 7.A. and ensure compliance therewith. The required pretrial filings outlined in Section 7.B. of the Court's Rules need not be filed with the proposed joint pretrial order. The Court will set a deadline for these submissions at a later date. At the pretrial conference the parties should be prepared to discuss their proposed joint pretrial order, trial scheduling and logistics, deadlines for pr etrial filings outlined in Section 7.B. of the Court's Individual Practice Rules, and all other pretrial matters. The parties should consult the Court's Individual Practice Rules and ensure compliance therewith. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/19/2021) (tg)
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Filing
102
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: re: 92 LETTER MOTION for Oral Argument on Cummins Inc.'s Motion for Summary Judgment addressed to Judge Mary Kay Vy skocil from Alejandra Reichard dated December 8, 2020. filed by Cummins Inc., 88 MOTION for Summary Judgment -- Defendant Cummins Inc.'s Notice of Motion for Summary Judgment. filed by Cummins Inc. For the reasons stated her ein, Defendant's Motion for Summary Judgment, [ECF No. 88], is DENIED in part and GRANTED in part consistent with this opinion. IT IS FURTHER ORDERED that Defendant's letter motion for oral argument, [ECF No. 92], is DENIED. (Signed by Judge Mary Kay Vyskocil on 9/29/2021) (ate)
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Filing
75
ORDER granting in part 62 Motion to Compel. For the reasons stated on the record during the conference, defendant Cummins Inc.'s letter-motion dated September 18, 2020 (Dkt. No. 62) is GRANTED IN PART as follows: 1.Greenstar Technologies L LC (Greenstar) shall promptly produce documents (which mayinclude a sworn statement at Greenstar's option) sufficient to show the components and functionality of Greenstar's "IntelliCommand" product in late 2016 and/or early 2017. 2.Greenstar shall promptly produce documents sufficient to show whether it sold, produced,or had available for sale any other products from late 2016 through 2018, and if so, the components and functionality of such product(s). 3.Plaintiff Pacific C ontrols Inc. (PCI) shall promptly produce documents sufficient to show the nature of the transactions recorded as "sales" to Greenstar in 2017, 2018, and 2019. 4.Plaintiff shall produce documents sufficient to identify the PCI employees who transitionedin 2016 from PCI to Jones Lang LaSalle Americas, Inc., and the dates on which they left. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 62. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/29/2020) (kv)
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Filing
73
ORDER: The telephonic discovery conference currently scheduled for October 22, 2020, at 11:00 a.m. is hereby ADJOURNED to October 29, 2020, at 11:30 a.m. No later than October 28, 2020,defendant shall file a status letter advising the Court as to whether defendant and Greenstar have resolved all or part of their discovery dispute. ( Telephone Conference set for 10/29/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/22/2020) (cf)
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Filing
66
ORDER: Defendant's request for an extension of the deadlines set forth in the Court's September 21, 2020 order (Dkt. No. 63) is GRANTED. If there is a written stipulation to present the Cummins/Greenstar discovery dispute to this Court, that stipulation shall be filed in this Court, along with Greenstar's opposition letter-brief, no later than October 19, 2020. Any reply letter-brief shall be filed no later than October 21, 2020. The telephonic discovery conference currently scheduled for October 1, 2020, at 11:00 a.m. is ADJOURNED to October 22, 2020, at 11:00 a.m. At that time, as previously directed, counsel shall call (888) 557-8511 and enter the access code 7746387. No further extensions will be granted. (As fu rther set forth in this Order.) (Responses due by 10/19/2020, Replies due by 10/21/2020., Telephone Conference set for 10/22/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/29/2020) (cf)
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Filing
53
ORDER: The deadline to complete all discovery is EXTENDED to September 18, 2020. The parties shall promptly meet and confer in good faith to schedule all noticed depositions. (As further set forth in this Order.) (Discovery due by 9/18/2020.) (Signed by Magistrate Judge Barbara C. Moses on 7/1/2020) (cf)
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Filing
32
ORDER: The above-referenced action has been referred to Magistrate Judge Barbara Moses for resolution of discovery disputes, including those mentioned in the parties' joint letter dated January 23, 2020 (Dkt. No. 27), pursuant to 28 U.S.C. § ; 636(b)(1)(A). Discovery applications must be made to Judge Moses and in compliance with Local Civil Rule 37.2 and §§ 1(b), 1(d), 2(b), and 2(e) of Judge Moses's Individual Practices, available on the Court's website athttps: //n ysd.uscourts.gov/hon-barbara-moses. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party shows good cause why more formal briefing should be required. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/24/2020) (ama)
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Filing
26
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 1/14/2020) (rro)
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Filing
24
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON COUNT I AND II OF PLAINTIFF'S COMPLAINT granting in part and denying in part 15 Motion for Judgment on the Pleadings. Based on the foregoing, Def endant's motion for judgement on the pleadings is GRANTED as to Count II, which is dismissed, and DENIED without prejudice as to Count I, subject to completion of choice of law analysis. Plaintiff's request for leave to amend is DENIED WITH OUT PREJUDICE; we will take that up once the choice of law issues surrounding Count I are resolved. The Clerk of Court is respectfully directed to remove Dkt No. 15 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 12/13/2019) (mml)
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