Paroni v. General Electric UK Holdings LTD.
| Elodie Paroni |
| Alstom SA and General Electric UK Holdings Ltd. |
| 3:2021cv08858 |
| November 16, 2021 |
| US District Court for the Northern District of California |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 81 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/9/2022. Initial Case Management Conference set for 2/16/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (hdj, COURT STAFF) (Filed on 11/16/2021) |
| Filing 80 Case transferred in from District of New York Southern; Case Number 1:19-cv-01034. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of California.(va) |
Filing 79
OPINION & ORDER re: #77 MOTION to Transfer Case, filed by Elodie Paroni. For the foregoing reasons, the Court grants Elodie's motion to transfer. The Court respectfully directs the Clerk of Court to terminate the motion pending at Dkt. 77, and to transfer this action to the United States District Court for the Northern District of California. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/5/2021) (va) Transmission to Office of the Clerk of Court for processing.
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Filing 78
ORDER with respect to #77 Motion to Transfer Case. The Court has received plaintiff's motion to transfer this case to the Northern District of California, Dkt. 77, as the Court previously indicated it would do so in lieu of dismissing the case for lack of personal jurisdiction over the defendant. Dkt. 74 at 25. Any opposition to this motion is due September 7, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/31/2021) (va) Modified on 8/31/2021 (va).
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| Set/Reset Deadlines: Responses due by 9/7/2021. (va) |
| Filing 77 MOTION to Transfer Case . Document filed by Elodie Paroni. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit).(Nehmens, Angela) |
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Filing 76
ORDER granting #75 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/24/2021) (mml)
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| Filing 75 LETTER MOTION for Extension of Time to File Motion to Transfer addressed to Judge Paul A. Engelmayer from Counsel for Plaintiffs, Angela J. Nehmens dated August 24, 2021. Document filed by Elodie Paroni..(Nehmens, Angela) |
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Filing 74
OPINION & ORDER re: #67 MOTION to Dismiss for Lack of Jurisdiction filed by General Electric UK Holdings Ltd. For the foregoing reasons, the Court holds that it lacks personal jurisdiction over GEUKH. The Clerk of Court is respectfully directed to terminate the motion pending at docket 67, terminate defendant Alstom SA, and update the caption to reflect the caption above. However, insofar as the Court has invited a motion to transfer this case to a federal district court in California, the Clerk of Court is respectfully directed not to terminate this case, pending the resolution of such a motion. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/9/2021) (va)
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Filing 73
MEMO ENDORSEMENT on re: #72 Letter filed by General Electric UK Holdings Ltd. ENDORSEMENT: The Court thanks counsel for this letter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/11/2021) (jca)
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| Filing 72 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated February 10, 2021 re: Motion to Dismiss. Document filed by General Electric UK Holdings Ltd...(Vega, Dennis) |
| Filing 71 REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by General Electric UK Holdings Ltd.. (Attachments: #1 Exhibit A - Name Change from 1969 to 2002, #2 Exhibit B - 2009 Accounts of Alstom Contracting Ltd showing it as Parent of and Liquidation of Alsom Power UK Holdings, #3 Exhibit C - Name Change in 2013 from Alstom Contracting Ltd to Newbold Contracting Ltd, #4 Exhibit D - (Name Change) 2014 Dissolution of Newbold Contracting Limited, #5 Exhibit E - (Name Change) 2015 March 31 - Accounts of Alstom UK Holdings (refers to liquidation of non-trading investments), #6 Exhibit F - GE Completes Acquistion of Alstom power and grid businesses, #7 Exhibit G - Name Change from Alstom UK Holdings Ltd to General Electric UK Holdings Ltd 18May2020).(Vega, Dennis) |
| Filing 70 MEMORANDUM OF LAW in Opposition re: #67 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Elodie Paroni. (Attachments: #1 Exhibit, #2 Exhibit).(Nehmens, Angela) |
| Filing 69 AFFIRMATION of Dennis E. Vega in Support re: #67 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by General Electric UK Holdings Ltd.. (Attachments: #1 Exhibit A (CA Complaint), #2 Exhibit B (NY First Complaint), #3 Exhibit C (NY Third Amended Complaint), #4 Exhibit D (GE UKH Answer), #5 Exhibit E (GE UKH Jurisdiction Interrogatory Responses), #6 Exhibit F (GE UKH Jurisdiction Request for Admission Responses), #7 Exhibit G (GE UKH Jurisdiction Request for Production Responses), #8 Exhibit H (GE UKH Amended Jurisdiction Request for Admission Responses), #9 Exhibit I (Vol 1 Iain MacDonald Depo), #10 Exhibit J (Vol 2 Iain MacDonald Depo), #11 Exhibit K (GE UKH 2019 Annual Report & Financial Statements), #12 Exhibit L (Alstom Articles of Association), #13 Exhibit M (Register of People With Significant Control)).(Vega, Dennis) |
| Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by General Electric UK Holdings Ltd...(Vega, Dennis) |
| Filing 67 MOTION to Dismiss for Lack of Jurisdiction . Document filed by General Electric UK Holdings Ltd.. (Attachments: #1 Cert of Service).(Vega, Dennis) |
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Filing 66
ORDER denying #62 Letter Motion for Discovery: Accordingly, Paroni's request for an extension is denied. (Signed by Judge Paul A. Engelmayer on 12/11/2020) (jwh)
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| Filing 65 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GENERAL ELECTRIC COMPANY, Other Affiliate GE Grid Solutions UK B.V. for General Electric UK Holdings Ltd.. Document filed by General Electric UK Holdings Ltd...(Vega, Dennis) |
| Filing 64 ANSWER to #56 Amended Complaint with JURY DEMAND. Document filed by General Electric UK Holdings Ltd...(Vega, Dennis) |
| Filing 63 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated 12/09/2020 re: Response to Pltfs Request for Additional Jurisdictional Discovery. Document filed by General Electric UK Holdings Ltd...(Vega, Dennis) |
| Filing 62 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Counsel for Plaintiff, Ms. Nehmens dated December 7, 2020. Document filed by Elodie Paroni. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Nehmens, Angela) |
| Filing 61 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated December 3, 2020 re: Protective Order. Document filed by General Electric UK Holdings Ltd.. (Attachments: #1 Exhibit A to Dec 3 2020 Ltr to J Engelmayer_Notice of Depositions).(Vega, Dennis) |
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Filing 60
ORDER granting #59 Letter Motion for Extension of Time. Granted. The Court will adopt the proposed scheduled and wishes counsel and her family well. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/9/2020) (ks)
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| Set/Reset Deadlines: Deposition due by 11/16/2020. Discovery due by 12/4/2020. Motions due by 12/14/2020. Responses due by 12/18/2020 Replies due by 12/22/2020. (ks) |
| Filing 59 LETTER MOTION for Extension of Time to Complete Jurisidictional Discovery addressed to Judge Paul A. Engelmayer from Counsel for Plaintiff, Ms. Nehmens dated November 6, 2020. Document filed by Elodie Paroni..(Nehmens, Angela) |
| Filing 58 ELECTRONIC SUMMONS ISSUED as to General Electric UK Holdings Ltd...(pc) |
| Filing 57 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric UK Holdings Ltd, re: #54 Amended Complaint, #56 Amended Complaint. Document filed by Elodie Paroni..(Nehmens, Angela) |
| Filing 56 THIRD AMENDED COMPLAINT amending #54 Amended Complaint, against Alstom SA, General Electric UK Holdings Ltd. with JURY DEMAND.Document filed by Elodie Paroni. Related document: #54 Amended Complaint,..(Nehmens, Angela) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Angela Jennifer Nehmens to RE-FILE Document No. #55 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Angela Jennifer Nehmens to RE-FILE Document No. #54 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 55 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric UK Holdings Ltd, re: #54 Amended Complaint, #52 Amended Complaint,. Document filed by Elodie Paroni..(Nehmens, Angela) |
| Filing 54 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -THIRD AMENDED COMPLAINT amending #52 Amended Complaint, against General Electric UK Holdings Ltd. with JURY DEMAND.Document filed by Elodie Paroni. Related document: #52 Amended Complaint,..(Nehmens, Angela) Modified on 9/18/2020 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Angela Jennifer Nehmens to RE-FILE re: Document No. #52 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; General Electric UK Holdings LTD must be added to the docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Angela Jennifer Nehmens to RE-FILE Document No. #53 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| ADD PARTY FOR PLEADING. Defendants/Respondents General Electric UK Holdings Ltd. added. Party added pursuant to #52 Amended Complaint,.Document filed by Elodie Paroni. Related document: #52 Amended Complaint,..(Nehmens, Angela) |
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric UK Holdings Ltd, re: #52 Amended Complaint. Document filed by Elodie Paroni..(Nehmens, Angela) |
| Filing 52 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending #2 Complaint against Alstom SA, Alstom SA with JURY DEMAND.Document filed by Elodie Paroni. Related document: #2 Complaint.(Nehmens, Angela) Modified on 9/17/2020 (sj). |
| Filing 51 MEMO ENDORSEMENT granting #49 Letter Motion for Leave to File Document; granting #50 Letter Motion for Leave to File Document. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 9/15/2020) (mro) |
| Filing 50 MOTION for Leave to File Third Amended Complaint . Document filed by Elodie Paroni. (Attachments: #1 Exhibit Third Amended Complaint).(Nehmens, Angela) |
| Filing 49 MOTION for Leave to File Amended Complaint . Document filed by Elodie Paroni..(Nehmens, Angela) |
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Filing 48
MEMO ENDORSEMENT: on re: #47 Letter filed by Alstom SA. ENDORSEMENT: Granted. The Court adopts the proposed schedule. SO ORDERED., ( Amended Pleadings due by 9/8/2020., Deposition due by 10/16/2020., Discovery due by 10/30/2020., Motions due by 11/20/2020., Responses due by 12/4/2020, Replies due by 12/11/2020., Service due by 9/15/2020.) (Signed by Judge Paul A. Engelmayer on 9/03/2020) (ama)
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| Filing 47 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated September 2, 2020 re: Revised Scheduling Order. Document filed by Alstom SA..(Vega, Dennis) |
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time. Granted. Parties may substitute General Electric UK Holdings Ltd. The Court will consider an extension to the current schedule that provides for the conclusion of all jurisdictional discovery and briefing by December 31, 2020. The Court directs counsel jointly to propose a schedule consistent with those parameters by September 2, 5:00 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/1/2020) (kv)
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| Filing 45 JOINT LETTER MOTION for Extension of Time to Complete Jurisidictional Discovery addressed to Judge Paul A. Engelmayer from Ms. Nehmens and Mr.Vega dated August 31, 2020. Document filed by Elodie Paroni..(Nehmens, Angela) |
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Filing 44
ORDER granting #42 Letter Motion for Extension of Time; terminating #43 Letter Motion for Extension of Time: The Court has received a motion from plaintiff Elodie Paroni to extend jurisdictional discovery, Dkt. 42, and defendant Alstom SA's opposition to that request, Dkt. 43. The Court grants Paroni's request and largely adopts the schedule she proposes, with some modification. The schedule is as follows: Paroni must notice any depositions no later than July 30, 2020; Jurisdictional discovery ends on September 10, 2020; Paroni's letter indicating whether she will continue to pursue this action is due September 17, 2020; Alstom SA's motion to dismiss for lack of personal jurisdiction, if any, is due October 1, 2020; Paroni's opposition is due October 15, 2020; and Alstom SA's reply is due October 22, 2020. This is the third extension of the discovery schedule. The parties should not expect further extensions. The remaining discovery is to focus on issues relevant to jurisdiction, as outlined in the Court's March 3, 2020 opinion. See Dkt. 37. (Signed by Judge Paul A. Engelmayer on 7/21/2020) (jwh)
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| Set/Reset Deadlines: Discovery due by 9/10/2020. Motions due by 10/1/2020. Responses due by 10/15/2020. Replies due by 10/22/2020. (jwh) |
| Filing 43 LETTER MOTION for Extension of Time Opposition to Plaintiff's Letter Motion of Extension to Time of Deadlines Outlined in the Court's Order of May 20, 2020 addressed to Judge Paul A. Engelmayer from Dennis Vega dated 7/20/2020. Document filed by Alstom SA..(Vega, Dennis) |
| Filing 42 LETTER MOTION for Extension of Time of Deadlines Outlined In Court's Order of May 20, 2020 addressed to Judge Paul A. Engelmayer from Plaintiffs' Counsel Ms. Nehmens dated July 17, 2020. Document filed by Elodie Paroni..(Nehmens, Angela) |
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter filed by Alstom SA. ENDORSEMENT: Granted. The Court will adopt the schedule proposed by counsel. The Court hopes counsel and their families are safe and well during this challenging time. SO ORDERED. (Discovery due by 6/10/2020., Motions due by 7/31/2020., Responses due by 8/14/2020, Replies due by 8/21/2020.) (Signed by Judge Paul A. Engelmayer on 5/21/2020) (jca)
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| Filing 40 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated May 20, 2020 re: Extension of Deadlines. Document filed by Alstom SA..(Vega, Dennis) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time. Granted. The Court will adopt the deadlines proposed by plaintiff. The Court hopes that counsel and their families are safe and well during this challenging time. SO ORDERED. ( Motions due by 6/24/2020.) (Signed by Judge Paul A. Engelmayer on 4/7/20) (yv)
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| Set/Reset Deadlines: Responses due by 7/8/2020. Replies due by 7/15/2020. (yv) |
| Filing 38 FIRST LETTER MOTION for Extension of Time of Deadlines in Court's Order of March 3, 2020 addressed to Judge Paul A. Engelmayer from Angela Nehmens, Counsel for Plaintiff dated April 6, 2020. Document filed by Elodie Paroni..(Nehmens, Angela) |
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Filing 37
OPINION AND ORDER re: #17 MOTION to Dismiss for Lack of Jurisdiction, #29 MOTION to Dismiss for Lack of Jurisdiction: For the reasons outlined above, the Court grants Elodie's request for jurisdictional discovery. The parties are directed to complete jurisdictional discovery by May 4, 2020. By May 11, 2020, Elodie is to file a letter on the docket of this case stating whether she intends to continue pursuing this action in this District or consents to a dismissal without prejudice for lack of personal jurisdiction. In the event she continues to pursue this action, Alstom's motion to dismiss for lack of personal jurisdiction is due May 25, 2020; Elodie's opposition is due June 8, 2020; and Alstom's reply is due June 15, 2020. The Court accordingly denies Alstom's motion to dismiss, without prejudice to its right to renew that motion upon the close of jurisdictional discovery. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 17 and 29. (Discovery due by 5/4/2020. Motions due by 5/25/2020. Responses due by 6/8/2020. Replies due by 6/15/2020.) (Signed by Judge Paul A. Engelmayer on 3/3/2020) (jwh)
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| Filing 36 MEMO ENDORSEMENT on re: #35 Letter filed by Alstom SA. ENDORSEMENT: The Court appreciates this letter and is reviewing defendant's motion to dismiss. (Signed by Judge Paul A. Engelmayer on 12/6/2019) (jwh) |
| Filing 35 LETTER addressed to Judge Paul A. Engelmayer from Dennis E. Vega dated December 6, 2019 re: Status of Motion to Dismiss. Document filed by Alstom SA.(Vega, Dennis) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Alstom SA. (Attachments: #1 Affidavit Certificate of Service)(Vega, Dennis) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Elodie Paroni, Elodie Paroni. (Attachments: #1 Exhibit A)(Nehmens, Angela) |
| Filing 31 AFFIDAVIT of Dennis E. Vega in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Alstom SA. (Attachments: #1 Exhibit A - California Complaint, #2 Exhibit B - Order Granting Alstom SAs Motion to Quash dated September 7 2018, #3 Exhibit C - New York _SDNY Complaint, #4 Exhibit D - Alstom Registration Document_Part1, #5 Exhibit D - Alstom Registration Document_Part2, #6 Exhibit E - NYS Department of State_Department of Corporation 070619, #7 Exhibit F - Second Amended Complaint filed August 20 2019)(Vega, Dennis) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Alstom SA. (Vega, Dennis) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Alstom SA. (Attachments: #1 Cert of Service)(Vega, Dennis) |
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Filing 28
ORDER: On August 20, 2019, the plaintiff filed a second amended complaint, Dkt. 27, as ordered by the Court, Dkt. 26. As a result of this filing, it is hereby ORDERED that by September 10, 2019, the defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying the plaintiff, stating that it relies on the previously filed motion to dismiss. If the defendant files a new motion to dismiss or relies on its previous motion, the plaintiff's opposition will be due 14 days thereafter, and the defendant's reply, if any, will be due seven days after that. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007., Alstom SA answer due 9/10/2019; Alstom SA answer due 9/10/2019. Motions due by 9/10/2019. (Signed by Judge Paul A. Engelmayer on 8/21/2019) (rj)
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| Filing 27 SECOND AMENDED COMPLAINT amending #23 Amended Complaint, against Alstom SA, Alstom SA with JURY DEMAND.Document filed by Elodie Paroni, Elodie Paroni. Related document: #23 Amended Complaint,. (Attachments: #1 Exhibit, #2 Exhibit Judge's Memo Endorsement Allowing Plaintiff An Extension to File Until 082019)(Levin, William) Modified on 8/21/2019 (pc). Modified on 8/21/2019 (pc). |
| Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Alstom SA. ENDORSEMENT: The Court gives plaintiffs until Tuesday, August 20, 2019 to either amend her complaint or respond to the motion to dismiss. Failure to comply with this deadline will result in the dismissal of the case, without prejudice. This deadline will not be extended.(Amended Pleadings due by 8/20/2019. Set Deadlines/Hearing as to #17 MOTION to Dismiss for Lack of Jurisdiction: Responses due by 8/20/2019) (Signed by Judge Paul A. Engelmayer on 8/16/2019) (jwh) |
| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Dennis Vega dated 08/15/2019 re: Alstom SA's motion to dismiss to lack of personal jurisdiction. Document filed by Alstom SA, Alstom SA.(Vega, Dennis) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Angela Jennifer Nehmens. The party information for the following party/parties has been modified: Eugene Paroni was modified to Elodie Paroni. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Angela Jennifer Nehmens to RE-FILE re: Document No. #24 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; defendant party text was modified on caption, therefore Alstom SA must be added to the case with party text "as Parent, Alter Ego and/or Successor-in-Interest to Alsotom Power UK LTD., Alstom Power, Inc., ABB Alstom Power Industrial Turbines LTD. ABB Power Industrial Turbines, Inc., Alstom Gas Turbines LTD., Alstom Gas Turbines, Inc., European Gas Turbines LTD., European Gas Turbines, Inc., Ruston Gas Turbines Ltd., and/or Ruston Gas Turbines, Inc." all filers were not selected for the pleading; Elodie Paroni must be selected twice; Amended Complaint due date was 7/29/2019, therefore Court's leave or consent from the opposing party/parties will be required to re-file the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| Filing 24 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -AMENDED COMPLAINT amending #23 Amended Complaint, #2 Complaint, against Alstom SA, Alstom SA with JURY DEMAND.Document filed by Elodie Paroni. Related document: #23 Amended Complaint, #2 Complaint,.(Nehmens, Angela) Modified on 7/31/2019 (pne). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Angela Jennifer Nehmens to RE-FILE Document No. #23 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong party/parties whom the pleading is against were selected; all parties active to this case must be listed in the caption, et al is not accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 23 FILING ERROR - DEFICIENT PLEADING - PDF ERROR AMENDED COMPLAINT amending #2 Complaint, against Alstom SA with JURY DEMAND.Document filed by Elodie Paroni. Related document: #2 Complaint.(Nehmens, Angela) Modified on 7/30/2019 (sj). |
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Filing 22
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by July 29, 2019. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by August 19, 2019, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by July 29, 2019. Defendants' reply, if any, shall be served by August 5, 2019. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED., ( Amended Pleadings due by 7/29/2019., Motions due by 8/19/2019.) (Signed by Judge Paul A. Engelmayer on 7/09/2019) (ama)
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| Filing 21 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Alstom SA. (Vega, Dennis) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Alstom SA, Other Affiliate Bouygues SA for Alstom SA. Document filed by Alstom SA.(Vega, Dennis) |
| Filing 19 CIVIL COVER SHEET filed. (Vega, Dennis) |
| Filing 18 DECLARATION of Dennis E. Vega in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Alstom SA. (Attachments: #1 Exhibit A - California Complaint, #2 Exhibit B - Order Granting Alstom SAs Motion to Quash dated September 7 2018, #3 Exhibit C - New York _SDNY_ Complaint, #4 Exhibit D - Alstom Registration Document_Part1, #5 Exhibit D - Alstom Registration Document_Part2, #6 Exhibit E - NYS Department of State_Department of Corporation 070619, #7 Civil Cover Sheet)(Vega, Dennis) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Alstom SA. (Attachments: #1 Cert of Service)(Vega, Dennis) |
| Filing 16 NOTICE OF APPEARANCE by Dennis Enrique Vega on behalf of Alstom SA. (Vega, Dennis) |
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for William A. Levin to Appear Pro Hac Vice. The motion of William A. Levin, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 5/9/19) (yv)
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Filing 32
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Angela J. Nehmens to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/9/2019) (anc) (anc).
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| Filing 14 FIRST MOTION for William A. Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elodie Paroni, Eugene Paroni. (Attachments: #1 Exhibit Proposed Order)(Levin, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 FIRST MOTION for William A. Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 13 MOTION for Angela J. Nehmens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16845484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elodie Paroni, Eugene Paroni. (Attachments: #1 Text of Proposed Order)(Nehmens, Angela) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Angela J. Nehmens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16845484. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Alstom SA. (dnh) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Alstom SA. (dnh) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Angela J. Nehmens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16796249. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Alstom SA, et al., re: #2 Complaint,. Document filed by Elodie Paroni, Eugene Paroni. (Nehmens, Angela) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Alstom SA, et al., re: #2 Complaint,. Document filed by Elodie Paroni, Eugene Paroni. (Nehmens, Angela) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Angela J. Nehmens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16796249. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elodie Paroni, Eugene Paroni. (Attachments: #1 Text of Proposed Order Proposed Order)(Nehmens, Angela) Modified on 5/1/2019 (wb). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Derell Dereck Wilson. The party information for the following party/parties has been modified: Elodie Paroni ; Elodie Paroni ; INDIVIDUALLY AND AS PARENT, ALTER EGO AND/OR SUCCESSOR -IN-INTEREST TO ALSTOM POWER UK LTD., ALSTOM POWER, INC., ABB ALSTOM POWER INDUSTRIAL TURBINES LTD., ABB ALSTOM POWER INDUSTRIAL TURBINE, INC., A. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Derell Dereck Wilson to RE-FILE Document No. #6 Request for Issuance of Summons, #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF caption must exactly match the caption on the pleading. If the entire caption does not fit, list the leading party followed by 'et al.' 'As to' Error; the party name listed in the as to docket entry must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ALSTOM SA, INDIVIDUALLY AND AS ) COMPLAINT AND PARENT, ALTER EGO AND/OR SUCCESSOR ) DEMAND FOR JURY -IN-INTEREST TO ALSTOM POWER UK LTD., ) TRIAL ALSTOM POWER, INC., ABB ALSTOM POWER ) INDUSTRIAL TURBINES LTD., ABB ALSTOM ) POWER INDUSTRIAL TURBINE, INC., ALSTOM ) GAS TURBINES LTD., ALSTOM GAS TURBINES, ) INC., EUROPEAN GAS TURBINES LTD., ) EUROPEAN GAS TURBINES, INC., RUSTON GAS ) TURBINES LTD., AND/OR RUSTON GAS ) TURBINES, INC.,, re: #2 Complaint,. Document filed by Elodie Paroni. (Wilson, Derell) Modified on 4/22/2019 (dnh). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ALSTOM SA, INDIVIDUALLY AND AS ) COMPLAINT AND PARENT, ALTER EGO AND/OR SUCCESSOR ) DEMAND FOR JURY -IN-INTEREST TO ALSTOM POWER UK LTD., ) TRIAL ALSTOM POWER, INC., ABB ALSTOM POWER ) INDUSTRIAL TURBINES LTD., ABB ALSTOM ) POWER INDUSTRIAL TURBINE, INC., ALSTOM ) GAS TURBINES LTD., ALSTOM GAS TURBINES, ) INC., EUROPEAN GAS TURBINES LTD., ) EUROPEAN GAS TURBINES, INC., RUSTON GAS ) TURBINES LTD., AND/OR RUSTON GAS ) TURBINES, INC.,, re: #2 Complaint,. Document filed by Elodie Paroni. (Wilson, Derell) Modified on 4/22/2019 (dnh). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Derell Dereck Wilson to RE-FILE Document #5 Rule 7.1 Corporate Disclosure Statement. The information listed on the PDF is inconsistent with the docket entry filer. Edit the PDF and re-file correctly, or contact Quality Assurance for assistance. (ldi) |
| Filing 5 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - THIRD RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elodie Paroni.(Wilson, Derell) Modified on 4/16/2019 (ldi). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Derell Dereck Wilson to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): The filers and the PDF are inconsistent with the docket entry. (ldi) |
| Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elodie Paroni, Eugene Paroni.(Wilson, Derell) Modified on 3/26/2019 (ldi). |
| Filing 3 CIVIL COVER SHEET filed. (Wilson, Derell) |
| Filing 2 COMPLAINT against Eugene Paroni, INDIVIDUALLY AND AS PARENT, ALTER EGO AND/OR SUCCESSOR -IN-INTEREST TO ALSTOM POWER UK LTD., ALSTOM POWER, INC., ABB ALSTOM POWER INDUSTRIAL TURBINES LTD., ABB ALSTOM POWER INDUSTRIAL TURBINE, INC., ALSTOM GAS TURBINES LTD., ALSTOM GAS TURBINES, INC., EUROPEAN GAS TURBINES LTD., EUROPEAN GAS TURBINES, INC., RUSTON GAS TURBINES LTD., AND/OR RUSTON GAS TURBINES, INC.. Document filed by Elodie Paroni, Eugene Paroni.(Wilson, Derell) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Derell Dereck Wilson to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Derell Dereck Wilson to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (Elodie Paroni and Alstom SA must be added again in their additional capacities); the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Derell Dereck Wilson. The party information for the following party/parties has been modified: Elodie Paroni; Alstom SA. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Derell Dereck Wilson. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 09:0203; Nature of Suit code 245 (Tort Product Liability); Citizenship Plaintiff code 1 (none); Citizenship Defendant code 1 (none); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 368 (P.I. : Asbestos); the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Eugene Paroni. (Filing Fee $ 400.00, Receipt Number ANYSDC-16283620)Document filed by Eugene Paroni. (Attachments: #1 Civil Cover Sheet Plaintiffs Civil Cover Sheet, #2 Supplement Plaintiffs Rule 7.1 Statement)(Wilson, Derell) Modified on 2/4/2019 (sj). |
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