Siemens Industry Inc v. Monticello Arkansas, City of

Plaintiff: Siemens Industry Inc
Defendant: Monticello Arkansas, City of
Counter_claimant: Monticello Arkansas, City of
Counter_defendant: Siemens Industry Inc
Case Number: 5:2015cv00127
Filed: April 21, 2015
Court: Arkansas Eastern District Court
Office: Pine Bluff Office
County: Out of State
Presiding Judge: D. P. Marshall
Nature of Suit: Other Contract
Cause of Action: 28:2201
Jury Demanded By: Defendant

Available Case Documents

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Date Filed#Document Text
September 21, 2016 142 Opinion or Order of the Court JUDGMENT: All claims by the City of Monticello, Arkansas against Siemens Industry Inc. are dismissed with prejudice. All claims by Siemens Industry Inc. against the City are dismissed with prejudice. And the Court confirms the 3/16/2016 stipulated dismissal of all claims by the City against Siemens AG. Each party shall bear its own costs and attorney's fees. Signed by Judge D. P. Marshall Jr. on 9/21/2016. (jak)
August 16, 2016 137 Opinion or Order of the Court ORDER: The Court notes the parties' settlement, 136 . Congratulations. The Second Amended Final Scheduling Order, 135 , is suspended. The December 2016 trial is cancelled. The parties must file a joint status report on their progress by 9/23/2016. If Monticello doesn't move to dismiss by 10/31/2016, then the Court will enter an amended scheduling order and re-set the case for trial first out in April 2017. Signed by Judge D. P. Marshall Jr. on 8/16/2016. (jak)
June 10, 2016 130 Opinion or Order of the Court ORDER: Joint report, 129 , noted. The upcoming depositions should proceed. Monticello may cover the ground it wants, 129 at 3-5, though some of it looks marginally relevant at this point. Monticello must resist the temptation to make proof about the rejected claims the centerpiece of its case; while Siemens must wait until trial to press hard about what's collateral and what's essential on the remaining claim and defenses. Signed by Judge D. P. Marshall Jr. on 6/10/2016. (jak)
June 7, 2016 127 Opinion or Order of the Court ORDER: Joint report 124 noted and addressed. Docket entries 122 and 125 held in abeyance. As the parties have agreed, the Court will hold a bench trial. Any joint report on disputed areas for deposition questioning is due by 17 June 2016. The Court will hold a hearing on the privilege issues, the deposition issues, the requested extension, and the path to trial at 1:30 p.m. on 29 June 2016 in courtroom B155 in Little Rock. Signed by Judge D. P. Marshall Jr. on 6/7/2016. (jak)
May 24, 2016 121 Opinion or Order of the Court ORDER granting 117 Motion. The parties may file one joint report on the disputed privilege issues. Neither side may exceed fifteen pages. The Court requests that Siemens take three further steps: redo the privilege log so that the headings appear on every page; file copies of all the disputed documents ex parte and under seal with the joint report; and provide a paper copy of the disputed documents to chambers. Signed by Judge D. P. Marshall Jr. on 5/24/2016. (jak)
March 16, 2016 103 Opinion or Order of the Court STIPULATED ORDER OF NONSUIT OF THE CITY OF MONTICELLO'S CLAIMS AGAINST SIEMENDS, A.G. The Court hereby approves and will enforce the terms of the foregoing stipulations and agreements in each, every, and all respects. Therefore, the claims asserted by the City of Monticello against Siemens A.G. by way of counterclaim filed herein are hereby nonsuited and dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 3/16/2016. (jak)
March 9, 2016 99 Opinion or Order of the Court ORDER granting 69 Motion for Summary Judgment. Siemens Industry's cross motion by stipulation, 93 , is denied. The Siemens Industry/Monticello contract is void for noncompliance. Siemens Industry's amended complaint, 7 , is dismissed with prejudice. The Amended Final Scheduling Order, 57 , is amended to reflect the following deadlines: 25 March 2016 - Deadline for jurisdiction-related motion for Siemens AG; 25 March 2016 - Siemens Industry and Monticello must file a stipulation or simultaneous briefs on the future shape of the case; 25 March 2016 - Siemens Industry must produce the performance-contract-related complaints it possesses; 29 April 2016 - Siemens Industry must produce the balance of the performance-contract-related complaints. The Court approves the parties' stipulation, 96 . Please advise chambers by 11 March 2016 on availability for oral argument on 25 May 2016. Signed by Judge D. P. Marshall Jr. on 3/9/2016. (jak)
March 8, 2016 97 Opinion or Order of the Court ORDER pursuant to General Order 54, the Court authorizes Don McKinney, Philip Franco, Andrew Chamberlain, and Heather Johnson to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 8 March 2016 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 3/8/2016. (jak)
February 17, 2016 92 Opinion or Order of the Court ORDER addressing the Joint Report, 90 . The Court encourages the parties to redouble their cooperation. Signed by Judge D. P. Marshall Jr. on 2/17/2016. (jak)
February 15, 2016 91 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL MATERIAL. Signed by Judge D. P. Marshall Jr. on 2/15/2016. (jak)
February 2, 2016 87 Opinion or Order of the Court ORDER granting Siemens's motion for partial summary judgment, No. 25 . Count 2 of Monticello's amended counterclaim is dismissed with prejudice. Monticello's embedded cross motion for partial summary judgment, No. 31 at 9, is denied. Signed by Judge D. P. Marshall Jr. on 2/2/2016. (jak)
January 29, 2016 84 Opinion or Order of the Court ORDER: Joint Report 79 noted. The received materials aren't work product. Monticello's objections are therefore overruled with caveats. Siemens Industry must pay, as it has offered to do, for paper or electronic copies. Monticello gets to choose the form of production most convenient for the City. Production due by 12 February 2016. Monticello must make two batch productions of any future FOIA fruit: one on 8 April 2016, another on 1 June 2016. Providing the materials in groups should mask any litigation strategy that might otherwise be revealed. The Court encourages the parties to re-double their cooperation. Signed by Judge D. P. Marshall Jr. on 1/29/2016. (jak)
January 25, 2016 78 Opinion or Order of the Court ORDER granting as modified 77 Joint Motion. See the attached changes. Signed by Judge D. P. Marshall Jr. on 1/25/2016. (jak)
November 18, 2015 56 Opinion or Order of the Court ORDER denying without prejudice 35 Motion to Dismiss. The Court will issue an Amended Final Scheduling Order addressing jurisdictional discovery. Signed by Judge D. P. Marshall Jr. on 11/18/2015. (jak)
October 27, 2015 53 Opinion or Order of the Court ORDER: Disovery from Siemens AG is on hold until the Court resolves the jurisdictional issue. The Court will hold a one-hour argument on 35 on 17 November 2015 at 1:30 p.m. in Courtroom B-155 in Little Rock. This will not be an evidentiary hearing. Siemens AG should prepare its initial disclosures in the interim, and be prepared to make them by 24 November 2015 if the Court concludes it has personal jurisdiction. A Final Scheduling Order, informed by the Rule 26(f) report, will issue. Signed by Judge D. P. Marshall Jr. on 10/27/2015. (jak)

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Search for this case: Siemens Industry Inc v. Monticello Arkansas, City of
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Plaintiff: Siemens Industry Inc
Represented By: Justin J. Boron(Designation Retained)
Represented By: Philip A. Franco(Designation Retained)
Represented By: Don S. McKinney(Designation Retained)
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Defendant: Monticello Arkansas, City of
Represented By: Walter Whit Barton(Designation Retained)
Represented By: Lee Douglas Curry(Designation Retained)
Represented By: Charles C. Gibson, III
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Counter_claimant: Monticello Arkansas, City of
Represented By: Walter Whit Barton(Designation Retained)
Represented By: Lee Douglas Curry(Designation Retained)
Represented By: Charles C. Gibson, III
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Counter_defendant: Siemens Industry Inc
Represented By: Justin J. Boron(Designation Retained)
Represented By: Philip A. Franco(Designation Retained)
Represented By: Don S. McKinney(Designation Retained)
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