Mando America Corporation v. DRiV Automotive Inc. et al
| Mando America Corporation |
| DRiV Automotive Inc. and Tenneco, Inc. |
| 3:2022cv00357 |
| June 12, 2022 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| R Austin Huffaker |
| Emily C Marks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 39 STATUS REPORT /Joint Status Report in accordance with Doc. 37 by Mando America Corporation. (Hitson, Brent) |
| Filing 38 Transcript Redaction Request re #33 Transcript,, by attorney Brandon Justin Clapp. (Clapp, Brandon) |
Filing 37
ORDER: It is ORDERED that the parties shall file a joint status report on the state of this case, or their settlement, on or before 8/10/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/29/2022. (bes, )
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| Filing 36 Joint STATUS REPORT re #30 Order by Mando America Corporation, DRiV Automotive Inc., Tenneco, Inc.. (Hitson, Brent) Modified on 7/27/2022 to clarify text and add dft as filers. (es, ). |
| Filing 35 NOTICE of Intent to Request Redaction by Brent D. Hitson re #33 Transcript,, (Hitson, Brent) |
| Filing 34 NOTICE of Intent to Request Redaction by Brandon Justin Clapp re #33 Transcript,, (Clapp, Brandon) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/27/2022, before Judge R. Austin Huffaker. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 8/5/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/13/2022. (es, ) |
| Filing 32 Corporate/Conflict Disclosure Statement by DRiV Automotive Inc., Tenneco, Inc., re #31 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Clapp, Brandon) Modified on 7/11/2022 to add the link to the #31 notice (bes, ). |
| Filing 31 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to DRiV Automotive Inc. & Tenneco, Inc.; Corporate Disclosures due by 7/11/2022. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
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Filing 30
ORDER: it is ORDERED as follows: 1. The Court will reserve ruling on Plf's #1 Motion for Temporary Restraining Order and Preliminary Injunction and Dfts' #15 Motion to Compel Arbitration and Dismiss Plf's Complaint until after the Parties have notified the Court of the need for a ruling on these motions; 2. The Dfts shall provide at least 5 business days' written notice to both Plf and the Court of (i) any intention, plan or action to cease shipments; of the parts referenced in the Supply Agreements identified in Plf's Verified Complaint, or (ii) any new condition placed by the Dfts on the shipment of said parts on any price terms different from those contained in the Supply Agreements; 3. The Parties shall engage in a mediation and/or other meaningful and good faith settlement negotiations within 30 days of this Order; 4. On or by 7/27/2022, the Parties shall file a notice concerning the status of the settlement negotiations and any future action needed from this Court. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/30/2022. (bes, )
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| Filing 29 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Evidentiary Hearing held on 6/27/2022 (PDF available for court use only). (Court Reporter Patricia Starkie.) (Attachments: #1 Witness List, #2 Pl. Exhibit List, #3 PX1, #4 PX2, #5 PX3, #6 PX4, #7 PX5, #8 PX6, #9 Def. Exhibit List, #10 DX6, #11 DX12, #12 DX13, #13 DX14) (dh) |
| Filing 28 ANSWER to Complaint by DRiV Automotive Inc., Tenneco, Inc..(Clapp, Brandon) |
| Filing 27 REPLY to Response to Motion re #15 MOTION to Compel Arbitration MOTION to Dismiss filed by DRiV Automotive Inc., Tenneco, Inc.. (Fischer, Matthew) |
| Filing 26 NOTICE OF FILING OF OFFICIAL SEALED TRANSCRIPT of Evidentiary Hearing held on 6/17/2022, before Judge Emily C. Marks. Court Reporter/Transcriber Katie Silas, Telephone number (334) 315-0363. (bes, ) Modified on 6/27/2022 to remove deadlines that were previously set in error (bes, ). |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/17/2022, before Judge Emily C. Marks. Court Reporter/Transcriber Katie Silas, Telephone number (334) 315-0363. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/15/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/22/2022. (bes, ) |
| Filing 24 RESPONSE to Motion re #15 MOTION to Compel Arbitration MOTION to Dismiss filed by Mando America Corporation. (Hitson, Brent) |
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Filing 23
ORDER granting #22 Motion for Leave to Permit Remote Appearance by Greg Nelson. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/24/2022. (bes, )
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| Filing 22 Emergency MOTION Leave to Permit Remote Appearance by DRiV Automotive Inc., Tenneco, Inc.. (Clapp, Brandon) |
| Filing 21 Corporate/Conflict Disclosure Statement by Mando America Corporation re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hitson, Brent) |
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Filing 20
TEXT ORDER: For good cause, the hearing set on Monday, 6/27/2022 (see Doc. #18 ) is relocated from Courtroom 2D to Courtroom 2F. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/22/2022. (Furn: Calendar, dh) (Term: Evid Hearing/Oral Argument set for 6/27/2022 in 2D) (No PDF attached to this entry) (bes, )
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| Filing 19 NOTICE of Appearance by Matthew J. Fischer on behalf of DRiV Automotive Inc., Tenneco, Inc. (Fischer, Matthew) |
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Filing 18
ORDER:it is ORDERED that an evidentiary hearing with oral argument on the #1 Motion for Temporary Restraining Order and #15 Motion to Compel Arbitration and Motion to Dismiss is SET for 6/27/2022, at 10:00 AM CST, in Courtroom 2D. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/22/2022. (Furn: Calendar, dh) (bes, )
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| Filing 17 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Evidentiary Hearing held on 6/17/2022 (PDF available for court use only). (Court Reporter Katie Sears Silas.) (ws, ) |
| Filing 16 Case reassigned to Honorable Judge R. Austin Huffaker, Jr. as presiding judge; Chief Judge Emily C. Marks no longer assigned to the case. (bes, ) |
| Filing 15 MOTION to Compel Arbitration and MOTION to Dismiss #1 Complaint by DRiV Automotive Inc., Tenneco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clapp, Brandon). Added MOTION to Dismiss on 6/16/2022 and clarified the docket text (bes, ). |
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Filing 14
ORDER: it is ORDERED that the #11 motion for leave to permit remote appearance is GRANTED; The Dfts are DIRECTED to contact Courtroom Deputy Wanda Stinson to coordinate a remote appearance of Mr. Nelson. Signed by Chief Judge Emily C. Marks on 6/16/2022. (Furn: ws) (bes, )
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Filing 13
ORDER: it is ORDERED that the #10 motion for admission pro hac vice is GRANTED and Attorney Matthew J. Fischer is ADMITTED to appear before this Court pro hac vice to represent the Dfts in this action; Counsel shall file a separate notice of appearance with the Court. Signed by Chief Judge Emily C. Marks on 6/16/2022. (bes, )
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| Filing 12 REPLY BRIEF re MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mando America Corporation. (Hitson, Brent) |
| Filing 11 MOTION Leave to Permit Remote Appearance by Greg Nelson by DRiV Automotive Inc., Tenneco, Inc.. (Clapp, Brandon) |
| Filing 10 Motion to Appear Pro Hac Vice for Attorney Matthew J. Fischer ( Filing fee $ 75.00 receipt number AALMDC-3239785.) by DRiV Automotive Inc., Tenneco, Inc.. (Attachments: #1 Exhibit A)(Clapp, Brandon) Modified on 6/16/2022 to include requesting atty (bes, ). |
| ***PURSUANT TO THE #10 MOTION - Attorney Matthew J. Fischer for DRiV Automotive Inc. & Tenneco, Inc. added. (No PDF attached to this entry) (bes, ) |
| Filing 9 RESPONSE in Opposition re MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DRiV Automotive Inc., Tenneco, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Clapp, Brandon) |
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Filing 8
ORDER denying #6 Motion to Continue the evidentiary hearing. Signed by Chief Judge Emily C. Marks on 6/15/2022. (bes, )
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| Filing 7 RESPONSE to Motion re #6 Emergency MOTION to Continue Evidentiary Hearing filed by Mando America Corporation. (Hitson, Brent) |
| Filing 6 Emergency MOTION to Continue Evidentiary Hearing by DRiV Automotive Inc., Tenneco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clapp, Brandon) Modified on 6/15/2022 to rename ex B (bes, ). |
| Filing 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to DRiV Automotive Inc., Tenneco, Inc.; Corporate Disclosures due by 6/23/2022. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
| Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Mando America Corporation; Corporate Disclosures due by 6/23/2022. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
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Filing 3
ORDER: it is ORDERED that the #1 -2 motion for temporary restraining order and preliminary injunction is set for an evidentiary hearing on 6/17/2022, at 9:00 AM in Courtroom 2A; The Clerk is DIRECTED to provide a court reporter for this proceeding; It is further ORDERED as follows: 1. The Dfts shall file a response to the Plf's motion on or before 5:00 PM Central Daylight Time on 6/15/2022; 2. The Plf shall file a reply to the Dfts' response on or before 12:00 noon Central Daylight Time on 6/16/2022. Signed by Chief Judge Emily C. Marks on 6/13/2022. (Furn: Calendar, ws) (bes, )
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| Filing 2 Case assigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Jerusha T. Adams as referral judge. (bes, ) |
| COMPLAINT against DRiV Automotive Inc., Tenneco, Inc., filed by Mando America Corporation. (No PDF attached to this entry - see doc #1 -2 for PDF)(bes, ) |
| MOTION for Temporary Restraining Order and Preliminary Injunction by Mando America Corporation. (No PDF attached to this entry - see doc #1 -2 for PDF) (bes, ) |
| NOTICE of Filing Removal With State Court re #1 Notice of Removal by DRiV Automotive Inc., Tenneco, Inc.. (No PDF attached to this entry - see doc #1 -5 for PDF) (bes, ) |
| Filing 1 NOTICE OF REMOVAL by DRiV Automotive Inc., Tenneco, Inc. from Circuit Court of Lee County, Alabama, case number CV-2022-900194.00. ( Filing fee $ 402.00 receipt number AALMDC-3236997) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D - Notice of Filing Removal)(Clapp, Brandon) Modified on 6/13/2022 to list filing parties & to clarify names of exhibits (bes, ). |
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