Gardner Denver Inc v. Air Pacific Compressors Inc
| Gardner Denver Inc |
| Accurate Air Engineering, Inc., Air Pacific Compressors Inc doing business as Compressed Air of California and John Lague |
| Atlas Copco Compressors LLC and Atlas Copco North America LLC |
| 2:2022cv07665 |
| October 20, 2022 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Alka Sagar |
| Michael R Wilner |
| George H Wu |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 144 RESPONSE filed by Pro Hac Vice attorney Joseph S. Goode on behalf of Movants Atlas Copco Compressors LLC, Atlas Copco North America LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 143 RESPONSE filed by Pro Hac Vice attorney Daniel A Manna on behalf of Defendants Accurate Air Engineering, Inc., Air Pacific Compressors Inc, John Lague. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 142
ORDER by Judge Dale S. Fischer to Consolidate Cases, the Court grants the Parties Stipulation to Consolidate Cases #135 and Orders as follows: This case be consolidated with Case 2:22-cv-04408 DSF (ASx) (the "Lead Case") for all purposes; and All subsequent filing shall be made only in the Lease Case and case number CV 22-7665 DSF shall be administratively closed. (Made JS-6. Case Terminated.) (jp)
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Filing 141
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-04408 DSF(ASx). Case transferred from Magistrate Judge Michael R. Wilner and Judge George H. Wu to Judge Dale S. Fischer and Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-07665 DSF(ASx). Signed by Judge Dale S. Fischer (rn)
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| Filing 140 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica N Walker counsel for Plaintiff Gardner Denver Inc. Nathan D. Imfeld is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gardner Denver, Inc.. (Walker, Jessica) |
| Filing 139 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica N Walker counsel for Plaintiff Gardner Denver Inc. Kristin M. Sikora is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gardner Denver, Inc.. (Walker, Jessica) |
| Filing 138 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica N Walker counsel for Plaintiff Gardner Denver Inc. Paul R. Piaskoski is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gardner Denver, Inc.. (Walker, Jessica) |
| Filing 137 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica N Walker counsel for Plaintiff Gardner Denver Inc. Trent M. Johnson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gardner Denver, Inc.. (Walker, Jessica) |
| Filing 136 NOTICE of Related Case(s) filed by Defendant Air Pacific Compressors Inc. Related Case(s): 22-cv-04408 (Mulcahy, James) |
| Filing 135 STIPULATION to Consolidate Cases as to 22-cv-07665; 22-cv-04408 filed by Defendant Air Pacific Compressors Inc. (Attachments: #1 Proposed Order Proposed Order to Consolidate Cases)(Mulcahy, James) |
| Filing 134 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica N Walker counsel for Plaintiff Gardner Denver Inc. Adding Jessica Nicole Walker as counsel of record for Gardner Denver, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Gardner Denver, Inc.. (Attorney Jessica N Walker added to party Gardner Denver Inc(pty:pla))(Walker, Jessica) |
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Filing 133
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 132 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a STATUS CONFERENCE for 11/17/2022 at 08:30 AM before Judge George H. Wu. The parties are to file a joint status report by noon on 11/15/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 131 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 130 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 129 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (car) |
| Filing 128 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:20-cv-00895-WED, from United States District Court Eastern District of Wisconsin (Milwaukee). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-07665-GW-MRWx. (car) |
| Filing 127 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph S Goode. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 126 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel A Manna. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 125 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Trent M Johnson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 124 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Paul R Piaskoski. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 123 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nathan D Imfeld. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 122 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kristin McGaver Sikora. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
| Filing 121 ORIGINAL file, certified copy of transfer order and docket sheet received from Wisconsin Eastern |
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Filing 120
ORDER signed by Magistrate Judge William E Duffin on 10/18/2022. The defendant Air Pacific Compressors, Inc.'s renewed motion for transfer of venue to U.S. District Court, Central District of California pursuant to 28 U.S.C. 1404(a) (ECF No. #104 ) is granted. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 119 DECLARATION of Nathan D. Imfeld in Support of Brief in Opposition to Third Party Motion for Protective Order and Motion to Quash (Attachments: #1 Exhibit A - Atlas Copco Subpoenas dated 01-03-22, #2 Exhibit B - Email chain attaching Subpoenas (01-19-22), #3 Exhibit C - Email chain attaching search terms (01-14-22), #4 Exhibit D - Email chain (02-04-22), #5 Exhibit E - Email chain attaching search terms (02-15-22), #6 Exhibit F - Atlas Copco Responses (02-28-22), #7 Exhibit G - Email Chain (03-02-22), #8 Exhibit H - Email attaching production (03-04-22), #9 Exhibit I - Email Chain (03-15-22), #10 Exhibit J - Email Chain attaching search terms hit report (04-11-22), #11 Exhibit K - Email Chain attaching Exhibit 4 to Am. Compl. (04-18-22), #12 Exhibit L - Email Chain (04-22-22), #13 Exhibit M - Email Chain (04-26-22), #14 Exhibit N - Email attaching production (04-28-22), #15 Exhibit O - Email Chain (05-31-22), #16 Exhibit P - Complaint, Case No. 22cv4408 (CACD) (06-28-22), #17 Exhibit Q - Email Chain (09-14-22), #18 Exhibit R - Email Chain (09-22-22), #19 Exhibit S - Answer, Case No. 22cv4408 (CACD) (08-11-22))(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 118 BRIEF in Opposition filed by Gardner Denver Inc re #114 Third Party MOTION for Protective Order MOTION to Quash . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 117 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #104 MOTION to Transfer Case to Central District of California . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 116 DECLARATION of Joseph S. Goode (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Subpoena, #3 Exhibit C - Subpoena, #4 Exhibit D - Email from May 31, 2022, #5 Exhibit E - Email from September 6, 2022, #6 Exhibit F - Email from September 14, 2022, #7 Exhibit G - Joint Rule 26(f) Report)(Goode, Joseph) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 115 BRIEF in Support filed by Atlas Copco Compressors LLC, Atlas Copco North America LLC re #114 Third Party MOTION for Protective Order . (Goode, Joseph) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 114 Third Party MOTION for Protective Order and MOTION to Quash Subpoenas by Atlas Copco Compressors LLC, Atlas Copco North America LLC. (Goode, Joseph). Added MOTION to Quash on 10/5/2022 (lz). [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 113 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Response to Defendant's Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - Email Chain (09-26-22), #2 Exhibit B - Email Chain (09-29-22))(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 112 RESPONSE to Motion filed by Gardner Denver Inc re #111 MOTION for Hearing Motion for a Pre-Motion Discovery Conference . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 111 MOTION for Hearing Motion for a Pre-Motion Discovery Conference by Air Pacific Compressors Inc. (Attachments: #1 Ex 1 - 2022.09.14 - EM between Halpin and Imfeld, #2 Ex 2 - Revised Joint Report and Attachments 1-4, #3 Ex 3 - 2022.09.26 - EM w Imfeld and Carrillo)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 110 BRIEF in Opposition filed by Gardner Denver Inc re #104 MOTION to Transfer Case to Central District of California . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 109 TRANSCRIPT of Telephone Motion Hearing held on 9/6/2022 before Judge William Duffin Court Reporter/Transcriber Thomas Malkiewicz, Contact at 414-290-2642. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 10/3/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. (Malkiewicz, Thomas) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 108
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 9/6/2022. The "Motion for a Pre-Motion Discovery Conference" (ECF No. #99 ) is granted. The conference was held on September 6, 2022. For the reasons more fully stated on the record at the conference, the motion to stay discovery (ECF No. #103 ) is denied. Briefing on the motion for judgment on the pleadings (ECF No. #101 ) is stayed pending resolution of the motion to transfer (ECF No. #104 ). (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 107 Minute Entry for Hearing on Motions held on 9/6/2022 before Magistrate Judge William E Duffin. Court has listened to oral argument by counsel and will issue an order. (Tape #1:00-1:47) (mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 106 BRIEF in Opposition filed by Gardner Denver Inc re #103 Expedited MOTION to Stay Discovery. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 105 BRIEF in Support filed by Air Pacific Compressors Inc re #104 MOTION to Transfer Case to Central District of California . (Attachments: #1 Ex 1- CA Complaint and Exhibits, #2 Ex 2 - Gardner Denver Rule 26(a)(1) Amended Initial Disclosures, #3 Ex 3 - APC Initial Disclosures - First Amended)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 104 MOTION to Transfer Case to Central District of California by Air Pacific Compressors Inc. (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 103 CIVIL L.R. 7(h) EXPEDITED NON-DISPOSITIVE MOTION to Stay by Air Pacific Compressors Inc. (Mulcahy, James) Modified on 9/2/2022 (bx). [Transferred from Wisconsin Eastern on 10/21/2022.] |
| NOTICE of Hearing: Telephonic Hearing on Motion for Pre-Motion Discovery Conference set for 9/6/2022 01:00 PM before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 102 BRIEF in Support filed by Gardner Denver Inc re #101 MOTION for Judgment on the Pleadings - Motion for Partial Judgment on the Pleadings . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 101 MOTION for Judgment on the Pleadings - Motion for Partial Judgment on the Pleadings by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 100 DECLARATION of Nathan D. Imfeld in Support of Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - 8.1.22 Email Chain between GD and APC, #2 Exhibit B - 8.12.22 Email Chain Attaching Subpoenas, #3 Exhibit C - 8.16.22 Email from APC with Attachments, #4 Exhibit D - 8.17.22 Email from GD Attaching Letter, #5 Exhibit E - 8.24.22 Email Chain between ACP and GD, #6 Exhibit F - 4.15.22 Email Chain between APC and GD, #7 Exhibit G - 4.22.22 Email Chain between Atlas Copco, APC and GD, #8 Exhibit H - 4.25.22 Email from GD to APC, copying Atlas Copco, #9 Exhibit I - 5.3.22 Email Chain between GD and APC, #10 Exhibit J - 6.10.22 Email Chain between APC and GD, #11 Exhibit K - 6.17.22 Email Chain Attaching Subpoenas and Amended Responses, #12 Exhibit L - 7.8.22 Email Chain between APC and GD)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 99 MOTION for Hearing - Motion for a Pre-Motion Discovery Conference by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 98
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/9/2022. The court finding good cause, the plaintiff's unopposed motion to modify the scheduling order (ECF No. #97 ) is GRANTED. The new schedule is as follows: The plaintiff shall disclose its expert witnesses by December 1, 2022. The defendant shall disclose its expert witnesses by March 1, 2023. All discovery shall be completed by April 1, 2023. Motions for summary judgment, Daubert motions, and motions otherwise challenging a party's expert shall be filed no later than April 15, 2023. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 97 Unopposed MOTION to Modify Scheduling Order by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 96
ORDER signed by Magistrate Judge William E Duffin on 5/2/2022 DENYING #78 Defendant's Motion for Sanctions and DENYING #81 Defendant's request for judicial notice. (cc: all counsel)(lz) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 95 ANSWER to #84 Amended Complaint,,, by Air Pacific Compressors Inc. (Attachments: #1 Exhibit A - 2019.10.17 Email from Rick Sawaya to Gary Gillespie)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 94 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 93 NOTICE by Air Pacific Compressors Inc of Withdrawal of Confidential Designation RE ECF No. 88 (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 92 NOTICE by Air Pacific Compressors Inc of Withdrawal of Confidential Designation RE ECF No. 84 (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 91
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/14/2022. The court finding good cause, the defendant's unopposed motion to extend the deadline to respond to the plaintiff's amended complaint (ECF No. #89 ) is GRANTED. The defendant shall respond to the plaintiffs amended complaint no later than April 28, 2022. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 90
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/14/2022. The plaintiff's motion to seal (ECF No. #86 ) is denied. Should the defendant want ECF No. 88-14 and the related paragraphs of the plaintiff's brief in opposition to the defendant's motion for sanctions (ECF No. #87 ) to remain restricted, the defendant must file a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by April 22, 2022. Failure to do so will result in the documents being made public. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 89 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by Air Pacific Compressors Inc. (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 88 DECLARATION of Nathan D. Imfeld in Support of Opposition to Defendant's Motion for Sanctions (Attachments: #1 Exhibit A - Transcript of Telephonic Status Conferenced held on 12/16/21, #2 Exhibit B - Email thread from 12/20/21-03/16/22, #3 Exhibit C - Letter from Gardner Denver dated 04/04/22, #4 Exhibit D - Gardner Denver's Third Amended Responses to First Interrogatories dated 01/31/22, #5 Exhibit E - Subpoena to Atlas Copco North America dated 01/03/22, #6 Exhibit F - Subpoena to Atlas Copco Compressors dated 01/03/22, #7 Exhibit G - Subpoena to Atlas Copco North America dated 01/19/22, #8 Exhibit H - Subpoena to Atlas Copco Compressors dated 01/19/22, #9 Exhibit I - Email dated 03/04/22, #10 Exhibit J - Email thread from 12/20/21-01/17/22, #11 Exhibit K - Redline of Gardner Denver's Second and Third Amended Responses, #12 Exhibit L - Email dated 01/31/22, #13 Exhibit M - Email and Spreadsheet Attachments - Redacted, #14 Exhibit M - Restricted Copy of Email and Spreadsheet Attachments, #15 Exhibit N - Email dated 01/20/22, #16 Exhibit O - Email dated 02/28/22, #17 Exhibit P - Email dated 03/09/22, #18 Exhibit Q - Letter dated 01/21/22, #19 Exhibit R - Letter dated 02/21/22, #20 Exhibit S - Dkt. 105 - Zenith v. WH-TV, #21 Exhibit T - Dkt. 146 - Zenith v. WH-TV, #22 Exhibit U - Dkt. 569 - Zenith v. WH-TV, #23 Exhibit V - Dkt. 718 - Zenith v. WH-TV)Pursuant to #93 restrictions have been withdrarwn This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 87 BRIEF in Opposition filed by Gardner Denver Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Attachments: #1 Restricted Version of Memorandum in Opposition to Defendant's Motion for Sanctions)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 86 MOTION to Restrict Document Motion to Seal Certain Paragraphs of its Memorandum in Opposition to Air Pacific's Motion for Sanctions and Exhibit M to the Declaration of Nathan Imfeld by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 85
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 4/7/2022. The plaintiff's motion to seal (ECF No. #83 ) is denied. Should the defendant want ECF Nos. 84-4, 84-5, 84-6, 84-7, and the related paragraphs of the Amended Complaint to remain restricted, it must file a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by April 15, 2022. Failure to do so will result in the documents being made public. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 84 AMENDED COMPLAINT against Air Pacific Compressors Inc filed by Gardner Denver Inc. (Attachments: #1 Complaint Restricted Amended Complaint, #2 Exhibit 1 - Distributor Agreement dated 4/18/16, #3 Exhibit 2 - Connected Customer Terms of Use, #4 Exhibit 3 - Letter of Intent dated 6/11/19, #5 Exhibit 4 - Gueikian Email with List of GD Quotes - REDACTED, #6 Exhibit 4 - Gueikian Email with List of GD Quotes, #7 Exhibit 5 - Consulting Agreements, #8 Exhibit 6 - Asset Purchase Agreement dated 10/17/19, #9 Exhibit 7 - October 17, 2019 Letters, #10 Exhibit 8 - Gueikian Email Attaching Letters to Customers dated 10/18/19, #11 Exhibit 9 - Sawaya Letter to Customers, #12 Exhibit 10 - Gueikian Email dated 4/15/20) Pursuant to #92 restrictions have been withdrawn. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 83 MOTION to Restrict Document - Certain Paragraphs of and Exhibits to Amended Complaint by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order - Order Granting Motion to Seal Certain Paragraphs of and Exhibits to the Amended Complaint)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 82 DECLARATION of James Mulcahy (Attachments: #1 2016 Distributor Agreement, #2 Initial Disclosure, #3 GDN Amended Initial Disclosures, #4 APC First Set of Rogs and RPD, #5 GDN Responses to APCs First Set of Rogs and RPD, #6 APC July 23, 2021 letter, #7 August 9, 2021 letter from DGN, #8 August 16, 2021 Email Exchange, #9 GDN Amended Responses to APC Rogs, #10 August 20, 2021 GDN Letter with Production of Documents, #11 Setptember 3, 2021 GDN Document Production Cover Letter, #12 October 11, 2021 Email Exchange, #13 GDN Second Amended Responses, #14 December 16, 2021 Transcript of Telephonic Status Conference, #15 January 17, 2022 Email Exchange, #16 GDN Third Amended Responses & Objections to APC's First Set of Discovery)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 81 REQUEST by Air Pacific Compressors Inc for Judicial Notice. (Attachments: #1 Exhibit A - July 23, 2003 Order, #2 Exhibit B - September 17, 2003 Order)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 80 SUPPLEMENT by Air Pacific Compressors Inc Separate Statement In Support Of Defendant's Motion for Sanctions ECF 78. (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 79 BRIEF in Support filed by Air Pacific Compressors Inc re #78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 . (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 78 MOTION for Sanctions For Failure to Comply with Court Order Under FRCP 37 by Air Pacific Compressors Inc. (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 77
ORDER signed by Magistrate Judge William E Duffin on 3/15/2022. The defendant's motion for judgment on the pleadings is GRANTED. The fourth"fraud intentional misrepresentation"and fifth "fraud concealment"claims of the plaintiff's complaint are dismissed. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 76 NOTICE of Appearance by Paul R Piaskoski on behalf of Gardner Denver Inc. (Piaskoski, Paul) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 75
ORDER signed by Magistrate Judge William E Duffin on 3/9/2022. Gardner Denver may file an amended complaint by no later than March 31, 2022. If Gardner Denver does not file an amended complaint by that day, Air Pacific may file an amended answer. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 74
ORDER signed by Magistrate Judge William E Duffin on 3/9/2022. Air Pacific's motion to strike Gardner Denver's request for a jury trial is granted. (ECF No. #55 ). The plaintiff Gardner Denver's request for a jury trial against Air Pacific is stricken. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 73
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 3/4/2022. Pursuant to this court's February 17, 2022 order, defendant Air Pacific was to file a renewed motion to restrict the documents by February 25, 2022 or else those documents would become public. (See ECF No. #72 at 4.) Air Pacific has not filed such a motion. Therefore, it is ordered that the following documents be unsealed: ECF Nos. 67-1, 67-2, 67-3, 67-5, 67-6, 67-7, 67-8, 67-9. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 72
ORDER signed by Magistrate Judge William E Duffin on 2/17/2022, DENYING #65 Motion to Restrict Certain Exhibits to Declaration of Nathan D. Imfeld. The documents will become public unless Air Pacific files a renewed motion to restrict the documents pursuant to General Local Rule 79(d) by February 25, 2022. The motion must include two versions of each document that it wants to have sealed: one that will be restricted to the parties, and a public version that redacts only the narrow details that are properly private. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 71
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 2/1/2022. The court finding good cause, the parties' joint motion to extend case deadlines (ECF No. #70 ) is GRANTED. The plaintiff shall disclose expert witnesses no later than June 1, 2022. The defendant shall disclose expert witnesses no later than September 1, 2022. All is discovery is to be completed by October 1, 2022. All dispositive/Daubert motions shall be filed no later than October 15, 2022. (cc: all counsel)(mlm)[Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 70 Joint MOTION for Extension of Time by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order)(Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 69 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #56 MOTION for Leave to File Amended Answer, #57 MOTION for Judgment on the Pleadings . (Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 68
ORDER signed by Magistrate Judge William E Duffin on 12/29/2021 GRANTING IN PART and DENYING IN PART #49 Defendant's Motion to Compel. (cc: all counsel)(lz) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 67 Declaration of Nathan Imfeld in Support of Plaintiff's Response to Defendant's Motion #55 to Strike Plaintiff's Request for a Jury Trial, Motion #56 for Leave to File Amended Answer, and Motion #57 for Judgment on the Pleadings . (Attachments: #1 Exhibit A - Schedule 4.22, #2 Exhibit B - Email dated 9.27.2019, #3 Exhibit C - Email dated 7.29.2019, #4 Exhibit D - 4.8.2016 Distributor Agreement, #5 Exhibit E - Email dated 8.27.2019, #6 Exhibit F - Email dated 9.25.2019, #7 Exhibit G - Email dated 10.7.2019, #8 Exhibit H - Email dated 10.8.2019, #9 Exhibit I - Email dated 10.16.2019)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 66 RESPONSE to Motion filed by Gardner Denver Inc re #55 MOTION to Strike Plaintiff's Request for a Jury Trial, #56 MOTION for Leave to File Amended Answer, #57 MOTION for Judgment on the Pleadings . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 65 MOTION to Restrict Document Motion to Restrict Certain Exhibits to Declaration of Nathan D. Imfeld in Support of Plaintiff's Response to Defendant's Motion for Judgment on the Pleadings, Motion for Leave to File an Amended Answer and Motion to Strike by Gardner Denver Inc. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Seal)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 64 TRANSCRIPT of Status Conference held on 12/16/2021 before Judge William E. Duffin Court Reporter/Transcriber Thomas Malkiewicz, Contact at 14142902642. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 1/13/2022. Redacted Transcript Deadline set for 1/21/2022. Release of Transcript Restriction set for 3/21/2022. (Malkiewicz, Thomas) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 63 Minute Entry for Telephonic Pre-Motion Discovery Conference held on 12/16/2021 before Magistrate Judge William E Duffin. Court discusses with counsel discovery issues and the pending motions. (Tape #4:00-4:52) (mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 62 NOTICE of Appearance by Kristin M McGaver on behalf of Gardner Denver Inc. Attorney(s) appearing: Kristin M. McGaver (McGaver, Kristin) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| NOTICE of Hearing: Telephonic Pre-Motion Discovery Conference set for 12/16/2021 04:00 PM in by Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 61 RESPONSE to Motion filed by Air Pacific Compressors Inc re #58 MOTION for Hearing - Motion for Pre-Motion Discovery Conference . (Attachments: #1 Declaration of Sandra Gibbs, #2 Exhibit A - 11 20 2021 email exchange, #3 Exhibit B - 12 2 2021 email exchange, #4 Exhibit C - 12 10 2021 email exchange)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 60
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 12/10/2021. The court finding good cause, plaintiff's motion for a pre-motion discovery conference (ECF No. #58 ) is GRANTED. The clerk will contact the parties to schedule the conference. (cc: all counsel)(lz) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 59 DECLARATION of Nathan D. Imfeld in Support of Motion for Pre-Motion Discovery Conference (Attachments: #1 Exhibit A - Email chain dated 12-8-21, #2 Exhibit B - Notice of 30(b)(6) Deposition dated 11-23-21)(Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 58 MOTION for Hearing - Motion for Pre-Motion Discovery Conference by Gardner Denver Inc. (Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| NOTICE of Electronic Filing Error re #55 MOTION to Strike Plaintiff's Request for a Jury Trial, #56 MOTION for Leave to File Amended Answer, and #57 MOTION for Judgment on the Pleadings filed by defendant. The Memorandum in Support of each motion and Declarations should have been filed as separate entries. These documents do not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 57 MOTION for Judgment on the Pleadings by Air Pacific Compressors Inc. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Judgment on the Pleadings)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 56 MOTION for Leave to File Amended Answer by Air Pacific Compressors Inc. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Leave to File Amended Answer, #2 Exhibit A to Memorandum of Points and Authorities, #3 Exhibit B to Memorandum of Points and Authorities, #4 Declaration of Filemon Carrillo In Support of Motion for Leave to File Amended Answer, #5 Exhibit A to Declaration of Filemon Carrillo)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 55 MOTION to Strike Plaintiff's Request for a Jury Trial by All Defendants. (Attachments: #1 Memorandum or Points and Authorities In Support of Motion to Strike Plaintiff's Request for a Jury Trial, #2 Exhibit A to Memorandum of Points and Authorities)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 54 REPLY BRIEF in Support filed by Air Pacific Compressors Inc re #49 MOTION for Discovery Order Compelling Responses and Staying Discovery Pending Compliance MOTION to Stay . (Attachments: #1 Declaration of Filemon Carrillo, #2 Exhibit A - APC's Amended and Supplemental Responses to GDN's Interrogatories, #3 Exhibit B - APC's Amended and Supplemental Responses to GDN's Requests for Production of Documents, #4 Exhibit C - October 17, 2019 email to GDN, #5 Exhibit D - GDN's Notice of 30(b)(6) Depositions)(Carrillo, Filemon) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 53
TEXT ONLY ORDER: The court finding good cause, the plaintiff's motion for an extension of time (ECF No. #52 ) is granted. The plaintiff shall disclose expert witnesses no later than April 1, 2022. The defendant shall disclose expert witnesses no later than May 15, 2022. Signed by Magistrate Judge William E Duffin on 12/3/2021. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 52 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time for Expert Disclosure Deadlines by Gardner Denver Inc. (Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 51 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Memorandum in Opposition to Defendant's Motion to Compel Discovery and Stay Discovery (Attachments: #1 Exhibit A - Letter dated 10/29/21, #2 Exhibit B - Email dated 11/5/21, #3 Exhibit C - Gardner Denver's First Requests, #4 Exhibit D - Air Pacific's First Requests, #5 Exhibit E - Gardner Denver Responses to First Requests, #6 Exhibit F - Letter dated 7/23/21, #7 Exhibit G - Letter dated 8/9/21, #8 Exhibit H - Email dated 8/16/21, #9 Exhibit I - Letter dated 8/20/21, #10 Exhibit J - Gardner Denver's First Amended Responses, #11 Exhibit K - Letter dated 9/3/21, #12 Exhibit L - Emails dated 9/22/21 and 9/28/21, #13 Exhibit M - Letter dated 9/24/21, #14 Exhibit N - Email dated 10/12/21, #15 Exhibit O - Gardner Denver's Second Amended Responses, #16 Exhibit P - Email dated 11/15/21, #17 Exhibit Q - Air Pacific's Responses to Requests for Admission)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 50 BRIEF in Opposition filed by Gardner Denver Inc re #49 MOTION for Discovery Order Compelling Responses and Staying Discovery Pending Compliance MOTION to Stay . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 49 MOTION for Discovery Order Compelling Responses and MOTION to Stay Discovery Pending Compliance by All Defendants. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Compel Discovery and Stay Discovery Pending Gardner Denver's Compliance, #2 Separate Statement, #3 Declaration of James M. Mulcahy In Support of Motion to Compel, #4 Ex A - Distributor Agreement, #5 Ex B - Plaintiff Initial Disclosures, #6 Ex C - Plaintiff Amended Initial Disclosures, #7 Ex D - Defendant First Set of Interrogatories and Requests for Production of Documents, #8 Ex E - Plaintiff Responses to First Set of Interrogatories and Requests for Production of Documents, #9 Ex F - July 23, 2021 letter to Johnson, #10 Ex G - August 9, 2021 letter from Johnson, #11 Ex H - August 16, 2021 email from Imfeld, #12 Ex I - Plaintiff Amended Responses to First Set of Interrogatories and Requests for Production of Documents, #13 Ex J - August 20, 2021 letter from Imfeld, #14 Ex K - September 3, 2021 letter from Imfeld, #15 Ex L - October 12, 2021 email from Imfeld, #16 Ex M - Plaintiff Second Amended Responses to First Set of Interrogatories and Requests for Production of Documents)(Carrillo, Filemon). Added MOTION to Stay Discovery on 11/4/2021 (lz). [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 48
ORDER signed by Magistrate Judge William E Duffin on 9/21/2021 GRANTING IN PART #41 Plaintiff's Motion to Compel and #42 Plaintiff's Motion to Amend Scheduling Order. Discovery is extended to June 15,2022. Motions for summary judgment and Daubert Motions are extended to July 1, 2022. All other dates and provisions of the Court's March 22, 2021, Scheduling Order remain in effect. See Order for additional details and deadlines. (cc: all counsel)(lz) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Reset Deadlines: Discovery due by 6/15/2022. Summary Judgment Motions due by 7/1/2022. (lz) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| DISREGARD ENTRY - FILED IN ERROR NOTICE of Electronic Filing Error re #47 Declaration of Nathan D. Imfeld Supporting Reply Memorandum in Support of Motion to Compel Discovery. Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 47 DECLARATION of Nathan D. Imfeld Supporting Reply Memorandum in Support of Motion to Compel Discovery (Attachments: #1 Cover Letter, #2 Exhibit A - Asset Purchase Agreement, #3 Exhibit B - APA Litigation Disclosure Schedule 4.22, #4 Exhibit C - Pena Email dated 6/5/19, #5 Exhibit D - APC Initial Disclosures)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 46 REPLY BRIEF in Support filed by Gardner Denver Inc re #41 MOTION to Compel Discovery . (Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 45 BRIEF in Opposition filed by Accurate Air Engineering Inc, Air Pacific Compressors Inc, John Lague re #41 MOTION to Compel Discovery . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 44 DECLARATION of Nathan D. Imfeld in Support of Plaintiff's Motion to Compel Discovery (Attachments: #1 Exhibit A - First Requests for Discovery dated 3/30/21, #2 Exhibit B - Email chain 3/30-4/15/21, #3 Exhibit C - Email dated 4/19/21, #4 Exhibit D - Email dated 4/21/21, #5 Exhibit E - Proof of Service of Subpoena, #6 Exhibit F - Letter dated 4/30/21, #7 Exhibit G - Letter dated 5/3/21, #8 Exhibit H - Responses and Objections dated 5/14/21, #9 Exhibit I - Email dated 5/20/21, #10 Exhibit J - Letter dated 5/28/21, #11 Exhibit K - Email dated 6/4/21, #12 Exhibit L - Letter dated 6/9/21, #13 Exhibit M - Email dated 6/21/21, #14 Exhibit N - Email dated 6/28/21, #15 Exhibit O - Email dated 7/2/21, #16 Exhibit P - Letter concerning Confidential Purchase of Assets of AAE)(Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 43 BRIEF in Support filed by Gardner Denver Inc re #42 MOTION to Amend/Correct Scheduling Order , #41 MOTION to Compel Discovery . (Attachments: #1 Text of Proposed Order Granting Motion to Compel and Motion to Amend)(Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 42 MOTION to Amend/Correct Scheduling Order by Gardner Denver Inc. (Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 41 MOTION to Compel Discovery by Gardner Denver Inc. (Johnson, Trent) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 40
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge William E Duffin on 6/23/2021 GRANTING #39 Motion for Protective Order. (cc: all counsel)(lz) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 39 Stipulated MOTION for Protective Order by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 38 NOTICE by Air Pacific Compressors Inc of Change of Firm Name (Manna, Daniel) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 37
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 3/22/2021. Rule 26(a) Disclosures to be exchanged by 3/24/2021. Amended Pleadings/Join Parties due by 6/3/2021. Plaintiff's Expert Witness List due by 12/31/2021. Defendant's Expert Witness List due by 2/15/2022. Discovery due by 3/15/2022. Dispositive/Daubert Motions due by 4/1/2022. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 36 Minute Entry for Telephonic Rule 16 Scheduling Conference held on 3/19/2021 before Magistrate Judge William E Duffin. The court sets dates pursuant to the parties' Rule 26(f) Report and will issue a Scheduling Order. (Tape #10:00-10:14) (mlm)[Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 35 ANSWER to #1 Complaint, by Air Pacific Compressors Inc.(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 34 Joint REPORT of Rule 26(f) Plan by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 33 NOTICE of Hearing: Telephonic Rule 16 Scheduling Conference set for 3/19/2021 10:00 AM in By Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. The parties' Rule 26(f) report shall be electronically filed with the court no later than 3/15/2021. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 32
DECISION AND ORDER signed by Magistrate Judge William E Duffin on 3/1/2021. The the defendants' motion to dismiss all claims against Accurate Air Engineering, Inc., and John Lague for lack of personal jurisdiction (ECF No. #7 ) is GRANTED; the defendants' motion to dismiss for failure to join an indispensable party (ECF No. #7 ) is DENIED; the defendants' motion to transfer venue (ECF No. #9 ) is DENIED; the defendants' motion to dismiss for failure to state a claim (ECF No. #7 ) is GRANTED in part and DENIED in part; and the plaintiff's motion requesting oral argument (ECF No. #18 ) is DENIED. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 31 BRIEF in Opposition filed by Gardner Denver Inc re #7 MOTION to Dismiss Complaint SUR-REPLY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 30
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 10/2/2020. Any sur-reply shall be filed no later than October 13, 2020. (cc: all counsel)(mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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Filing 29
TEXT ONLY ORDER: The court finding good cause, Plaintiff Gardner Denver, Inc.'s 7(h) Expedited Non-Dispositive Motion for Leave to File a Sur-Reply in Opposition to Defendants' Motion to Dismiss (ECF No. #27 ) is granted. Defendants did not file a response to Plaintiff's motion. At this time, the court has not determined whether it will consider the arguments that Plaintiff wishes to address in a Sur-Reply. Signed by Magistrate Judge William E Duffin on 9/30/2020. (cc: all counsel) (mlm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 28 LETTER from James Mulcahy providing Notice that Defendants do not oppose Plaintiffs Motion Requesting Oral Arguement on Motion to Dismiss and Motion to Transfer. (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 27 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File a Sur-Reply by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 26 UNPUBLISHED Decision filed by All Defendants (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 25 DECLARATION of John Lague (Attachments: #1 Exhibit A to Supplemental Declaration of John Lague In Support of Motion to Dismiss Complaint, #2 Exhibit B to Supplemental Declaration of John Lague In Support of Motion to Dismiss)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 24 DECLARATION of Thomas R. Merritt (Attachments: #1 Exhibit A to Declaration of Thomas R. Merritt In Support of Defendants Motion to Dismiss)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 23 REPLY BRIEF in Support filed by All Defendants re #7 MOTION to Dismiss Complaint . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 22 REPLY BRIEF in Support filed by All Defendants re #9 MOTION to Transfer Case to Central District of California . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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Filing 21
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 9/18/2020. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(jm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 20 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Manna, Daniel) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| NOTICE from the clerk to DEFENDANTS requesting that the Consent/Refusal form to Magistrate Judge William E Duffin be filed within 21 days; the form is available at the court's web site: www.wied.uscourts.gov (asc) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 19 NOTICE of Appearance by James Mulcahy on behalf of All Defendants. Attorney(s) appearing: Filemon Carrillo (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 18 MOTION for Hearing - Plaintiffs Motion Requesting Oral Argument on Defendants Motion to Dismiss and Motion to Transfer by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 17 BRIEF in Opposition filed by Gardner Denver Inc re #9 MOTION to Transfer Case to Central District of California . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 16 DECLARATION of Trent M. Johnson (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 15 BRIEF in Opposition filed by Gardner Denver Inc re #7 MOTION to Dismiss Complaint . (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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TEXT ONLY ORDER by Judge J P Stadtmueller on 8/18/2020. Upon consideration of #14 Plaintiff's Motion for Extension of Time, the motion is GRANTED. On or before 9/4/2020, Plaintiff shall RESPOND to #7 Defendants' Motion to Dismiss and #9 Defendants' Motion to Transfer. (cc: all counsel)(jm) [Transferred from Wisconsin Eastern on 10/21/2022.]
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| Filing 14 Fourth MOTION for Extension of Time to Respond to Defendants' Motions to Transfer and to Dismiss by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 13 NOTICE of Appearance by Daniel A Manna on behalf of All Defendants. Attorney(s) appearing: Daniel A. Manna (Manna, Daniel) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 12 DECLARATION of James M. Mulcahy In Support of Motion to Dismiss and Motion to Transfer (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - 2020 04 14 meet and confer, #3 Exhibit C 2020 04 16 email from Klinsport, #4 Exhibit D Request for Dismissal)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 11 DECLARATION of John Lague In Support of Motion to Dismiss and Motion to Transfer (Attachments: #1 Exhibit A 2019 10 17 email to Gillespie)(Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 10 BRIEF in Support filed by All Defendants re #9 MOTION to Transfer Case to Central District of California . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 9 MOTION to Transfer Case to Central District of California by All Defendants. (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 8 BRIEF in Support filed by All Defendants re #7 MOTION to Dismiss Complaint . (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 7 MOTION to Dismiss Complaint by All Defendants. (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 6 NOTICE of Appearance by James Mulcahy on behalf of All Defendants. Attorney(s) appearing: James M. Mulcahy (Mulcahy, James) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 5 Magistrate Judge Jurisdiction Form filed by Gardner Denver Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 4 CERTIFICATE OF SERVICE by Gardner Denver Inc; Summons Returned Executed Air Pacific Compressors Inc. on 6/18/2020 (Imfeld, Nathan) Modified on 6/25/2020 (asc). [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 3 CERTIFICATE OF SERVICE by Gardner Denver Inc ; Summons Returned Executed on Accurate Air Engineering Inc.on 6/18/2020 (Imfeld, Nathan) Modified on 6/25/2020 (asc). [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 2 DISCLOSURE Statement by Gardner Denver Inc. (Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Filing 1 COMPLAINT with Jury Demand; against Gardner Denver Inc by Gardner Denver Inc. ( Filing Fee PAID $400 receipt number AWIEDC-3478942) (Attachments: #1 Exhibit 1-5, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet)(Imfeld, Nathan) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) [Transferred from Wisconsin Eastern on 10/21/2022.] |
| Summons Issued as to All Defendants. (asc) [Transferred from Wisconsin Eastern on 10/21/2022.] |
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