BBC Chartering Carriers GmbH & Co. KG v. Fluence Energy LLC et al
| BBC Chartering Carriers GmbH & Co. KG |
| Briese Schiffahrts GmbH & Co. KG MS, Fluence Energy, LLC, Schenker, Inc., Schenker Deutschland AG, BBC, Filsum, AES Grid Stability LLC, The AES Corporation, Siemens Industry, Inc., Siemens AG, QIA Florence Holding LLC and Qatar Investment Authority |
| SCHENKERocean, Ltd |
| Fluence Energy, GmbH |
| 3:2021cv02014 |
| December 1, 2021 |
| US District Court for the Southern District of California |
| San Diego Office |
| Michael M Anello |
| Roger T Benitez |
| Jill L Burkhardt |
| Karen S Crawford |
| Contract: Marine |
| No cause code entered |
| None |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
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Filing 79
PRO HAC APPROVED: Cody Willis Castle appearing for Plaintiff BBC Chartering Carriers GmbH & Co. KG, Counter Defendants BBC Chartering Carriers GmbH & Co. KG, BBC Chartering Carriers GmbH & Co. KG (no document attached) (rmc)
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Filing 78
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16515680.) (Application to be reviewed by Clerk.) (Castle, Cody) (rmc).
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Filing 77
PRO HAC APPROVED: Samuel Lawrence Fuller, Jason Paul Waguespack appearing for Plaintiff BBC Chartering Carriers GmbH & Co. KG, Counter Defendants BBC Chartering Carriers GmbH & Co. KG, BBC Chartering Carriers GmbH & Co. KG (no document attached) (rmc)
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Filing 76
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16515652.) (Application to be reviewed by Clerk.) (Waguespack, Jason) (rmc).
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Filing 75
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16515569.) (Application to be reviewed by Clerk.) (Fuller, Samuel) (rmc).
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Filing 74
ORDER granting #65 Joint Motion for extension of time to respond to Fluence Energy, LLC Counterclaim to on or before 1/27/2022. Signed by Judge Roger T. Benitez on 1/20/2022. (jpp)
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Filing 73
AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against BBC Chartering Carriers GmbH & Co. KG by Fluence Energy, LLC. (Attachments: #1 Exhibit)(Vafidis, Matthew) (jpp).
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Filing 72
SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Mandatory Settlement Conference set for 8/17/2022 01:45 PM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 12/2/2022. Proposed Pretrial Order due by 12/23/2022. Final Pretrial Conference set for 1/9/2023 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. Signed by Magistrate Judge Jill L. Burkhardt on 1/18/2022.(jpp)
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Filing 71
ANSWER to #64 Answer to Intervenor Complaint, Counterclaim by SCHENKERocean, Ltd.(Tribolet, Christopher) (jpp).
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Filing 70
ANSWER to #63 Answer to Crossclaim, Counterclaim by Schenker, Inc..(Tribolet, Christopher)Attorney Christopher Andrew Tribolet added to party Schenker, Inc.(pty:crc) (jpp).
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Filing 69
ANSWER to #62 Answer to Third Party Complaint,, Counterclaim, by Schenker Deutschland AG.(Tribolet, Christopher)Attorney Christopher Andrew Tribolet added to party Schenker Deutschland AG(pty:3pp) (jpp).
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Filing 68
NOTICE Consent, and Reference of a Civil Action to a Magistrate Judge by BBC Chartering Carriers GmbH & Co. KG (Brucculeri, Frank) (jpp).
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Filing 67
Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 1/14/2022. Case did not settle. Case Management Conference also held on 1/14/2022. Scheduling order to follow. (Plaintiff Attorney Frank C Brucculeri, Jason Paul Waguespack, Bradley M. Rose). (Defendant Attorney Christopher R. Nolan, Matthew P Vafidis, Andrew S. Chamberlin, Dixie T. Wells, Albert E. Peacock, III, Christopher Andrew Tribolet). (Thomas Bock, Melanie Odell, Frank Fuselier, Helena Biggs, Erika Lindholm, Per-Magnus Jonasson, Christoph Hilgers, Daniel Wieland, Christian Beutler (CMC only)).(no document attached) (cxe)
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Filing 66
JOINT DISCOVERY PLAN by Fluence Energy, LLC (Vafidis, Matthew) (jpp).
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Filing 65
Joint MOTION for Extension of Time to File Response/Reply as to #61 Answer to Complaint, Counterclaim by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Proposed Order)(Brucculeri, Frank) (jpp).
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Filing 64
ANSWER to #21 Intervenor Complaint , COUNTERCLAIM against SCHENKERocean, Ltd by Fluence Energy, LLC.(Vafidis, Matthew) (jpp).
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Filing 63
Fluence Energy, LLC's ANSWER to #20 Crossclaim , COUNTERCLAIM against Schenker, Inc. by Fluence Energy, LLC.(Vafidis, Matthew) (jpp).
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Filing 62
Fluence Energy, GmbH's ANSWER to #41 Third Party Complaint , COUNTERCLAIM against Schenker Deutschland AG by Fluence Energy, GmbH.(Vafidis, Matthew)Attorney Matthew P Vafidis added to party Fluence Energy, GmbH(pty:3pd) (jpp).
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Filing 61
ANSWER to #1 Complaint, , COUNTERCLAIM against BBC Chartering Carriers GmbH & Co. KG by Fluence Energy, LLC.(Vafidis, Matthew) (jpp).
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Filing 60
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16425631.) (Application to be reviewed by Clerk.) (Nolan, Christopher) (rmc).
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Filing 59
ORDER Approving the Pro Hac Vice Application of Dixie T. Wells, re #56 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 12/21/2021.(dsn)
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Filing 58
ORDER Approving the Pro Hac Vice Application of Andrew S. Chamberlin, re #55 Request to Appear Pro Hac Vice. Signed by Judge Roger T. Benitez on 12/21/2021.(dsn)
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Filing 57
NOTICE of Appearance of Counsel by Frank C Brucculeri on behalf of BBC Chartering Carriers GmbH & Co. KG (Brucculeri, Frank)Attorney Frank C Brucculeri added to party BBC Chartering Carriers GmbH & Co. KG(pty:pla) (jpp).
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Filing 56
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16422589.) (Application to be reviewed by Clerk.) (Wells, Dixie) (dsn)
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Filing 55
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16422558.) (Application to be reviewed by Clerk.) (Chamberlin, Andrew) (dsn)
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Filing 54
NOTICE of Appearance by Matthew P Vafidis on behalf of Fluence Energy, LLC (Vafidis, Matthew)Attorney Matthew P Vafidis added to party Fluence Energy, LLC(pty:dft) (jpp).
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Filing 53
ORDER granting Joint request for oral argument as to Defendant's motion to vacate arrest of the vessel and dismiss action. Signed by Judge Roger T. Benitez on 12/17/2021. (jpp)
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Filing 52
NOTICE AND ORDER setting Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 1/14/2022 at 9:00am. Joint Discovery Plan due 1/7/2022. Signed by Magistrate Judge Jill L. Burkhardt on 12/07/2021.(jpp)
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Filing 51
NOTICE of Appearance by Tara B. Voss on behalf of Schenker Deutschland AG (Voss, Tara)Attorney Tara B. Voss added to party Schenker Deutschland AG(pty:crc) (jpp).
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Filing 50
NOTICE of Appearance by Juliette Bowen McCullough on behalf of SCHENKERocean, Ltd (McCullough, Juliette)Attorney Juliette Bowen McCullough added to party SCHENKERocean, Ltd(pty:intv) (jpp).
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Filing 49
NOTICE of Appearance by Christopher Andrew Tribolet on behalf of SCHENKERocean, Ltd (Tribolet, Christopher)Attorney Christopher Andrew Tribolet added to party SCHENKERocean, Ltd(pty:intv) (jpp).
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Filing 48
NOTICE of Appearance by Albert E. Peacock, III on behalf of SCHENKERocean, Ltd (Peacock, Albert)Attorney Albert E. Peacock, III added to party SCHENKERocean, Ltd(pty:intv) (jpp).
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Filing 47
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. The case is reassigned to Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge Michael M. Anello and Magistrate Judge Karen S. Crawford no longer assigned to the case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:21-cv-01239-BEN-JLB. The new case number is 21-cv-2014-BEN-JLB. Signed by Judge Michael M. Anello on 12/3/2021. Signed by Judge Roger T. Benitez on 12/3/2021. (All non-registered users served via U.S. Mail Service) (tcf)
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Filing 46
Judge Michael M. Anello and Magistrate Judge Karen S. Crawford assigned to transfer case from Southern District of Texas. (no document attached) (jpp)
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Filing 45
Case transferred in from District of Texas Southern; Case Number 4:21-cv-02235. Original file received electronically
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Filing 44
MEMORANDUM OPINION AND ORDER - Granting #26 Opposed MOTION to Transfer Case to Southern District of California and this action is TRANSFERRED to theUnited States District Court for the Southern District of California.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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ORDER TO TRANSFER CASE to and this action is TRANSFERRED to the United States District Court for the Southern District of California.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Interdistrict transfer to United States District Court for the Southern District of California. Case transferred electronically. Case terminated on 12/1/21, filed. (sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 43
Renewed MOTION to Dismiss by Fluence Energy, GmbH, filed. Motion Docket Date 12/9/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 42
RESPONSE in Opposition to #33 MOTION to Dismiss , filed by Schenker Deutschland AG. (Attachments: #1 Proposed Order)(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 41
Amended THIRD PARTY COMPLAINT against Fluence Energy, GmbH filed by Schenker Deutschland AG.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 40
REPLY in Support of #27 MOTION to Dismiss Crossclaims by Schenker, Inc., Schenker Deutschland, AG, and SCHENKERocean Ltd., filed by Fluence Energy LLC. (Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 39
ORDER - Granting #37 Joint MOTION to Stay Discovery for 90 Days and Continue the October 29, 2021. The Court will stay discovery for a 90-day period and continue the October 29, 2021 Initial Conference. It is ORDERED that discovery, including obligations to serve Rule 26 initial disclosures,is hereby stayed, and the October 29, 2021 Initial Conference is hereby continued. ( Internal review set for 1/31/2022 )..*** STAYED flag set. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 38
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fluence Energy LLC, Fluence Energy, GmbH, filed.(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 37
Joint MOTION to Stay Discovery for 90 Days and Continue the October 29, 2021 by Fluence Energy LLC, Fluence Energy, GmbH, filed. Motion Docket Date 11/16/2021. (Attachments: #1 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 36
NOTICE re: #26 Opposed MOTION to Transfer Case to Southern District of California by SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc., filed. (Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 35
CERTIFICATE OF INTERESTED PARTIES by Fluence Energy LLC, Fluence Energy, GmbH, filed.(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 34
CERTIFICATE OF INTERESTED PARTIES by BBC Chartering Carriers GmbH & Co. KG, filed.(Waguespack, Jason) [Transferred from Texas Southern on 12/1/2021.]
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Filing 33
MOTION to Dismiss by Fluence Energy, GmbH, filed. Motion Docket Date 11/12/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 32
REPLY in Support of #26 Opposed MOTION to Transfer Case to Southern District of California, filed by Fluence Energy LLC. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 31
RESPONSE in Opposition to #27 MOTION to Dismiss Crossclaims by Schenker, Inc., Schenker Deutschland, AG, and SCHENKERocean Ltd., filed by SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc.. (Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 30
CERTIFICATE OF INTERESTED PARTIES by SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc., filed.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 29
RESPONSE in Opposition to #26 Opposed MOTION to Transfer Case to Southern District of California, filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Proposed Order)(Waguespack, Jason) [Transferred from Texas Southern on 12/1/2021.]
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Filing 28
RESPONSE in Opposition to #26 Opposed MOTION to Transfer Case to Southern District of California, filed by SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc.. (Attachments: #1 Proposed Order)(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 27
MOTION to Dismiss Crossclaims by Schenker, Inc., Schenker Deutschland, AG, and SCHENKERocean Ltd. by Fluence Energy LLC, filed. Motion Docket Date 10/20/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 26
Opposed MOTION to Transfer Case to Southern District of California by Fluence Energy LLC, filed. Motion Docket Date 10/14/2021. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 25
REPLY in Support of #10 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by Fluence Energy LLC. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 24
Opposed MOTION Scheduling Order by Fluence Energy LLC, filed. Motion Docket Date 10/12/2021. (Attachments: #1 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 23
RESPONSE in Opposition to #10 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Exhibit A, #2 Proposed Order)(Waguespack, Jason) [Transferred from Texas Southern on 12/1/2021.]
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Filing 22
RESPONSE in Opposition to #10 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 21
Amended INTERVENOR COMPLAINT against All Parties filed by SCHENKERocean, Ltd.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 20
Amended CROSSCLAIM against Fluence Energy LLC filed by Schenker, Inc., Schenker Deutschland AG.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 19
ORDER - Granting #18 Motion for Steven A. Scoggan to Appear Pro Hac Vice for Fluence Energy LLC. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 18
MOTION for Steven Scoggan to Appear Pro Hac Vice by Fluence Energy LLC, filed. Motion Docket Date 9/28/2021. (Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 17
NOTICE of Appearance by Christopher Nolan on behalf of Fluence Energy LLC, filed. (Attachments: #1 Exhibit 1)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 16
ORDER - Granting #14 Motion for Dixie T. Wells to Appear Pro Hac Vice for Fluence Energy LLC. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 15
ORDER - Granting #13 Motion for Andrew S. Chamberlin to Appear Pro Hac Vice for Fluence Energy LLC; terminating #12 Motion for Andrew S. Chamberlin to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 14
MOTION for Dixie T. Wells to Appear Pro Hac Vice by Fluence Energy LLC, filed. Motion Docket Date 9/20/2021. (Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 13
MOTION for Andrew S. Chamberlin to Appear Pro Hac Vice by Fluence Energy LLC, filed. Motion Docket Date 9/20/2021. (Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 12
MOTION for Andrew S. Chamberlin to Appear Pro Hac Vice by Fluence Energy LLC, filed. Motion Docket Date 9/20/2021. (Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 11
MEMORANDUM In Support of Motion to Dismiss by Fluence Energy LLC, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 10
MOTION to Dismiss for Lack of Personal Jurisdiction by Fluence Energy LLC, filed. Motion Docket Date 9/15/2021. (Attachments: #1 Proposed Order)(Haines, Julia) [Transferred from Texas Southern on 12/1/2021.]
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Filing 9
WAIVER OF SERVICE Returned Executed as to Fluence Energy LLC served on 7/13/2021, answer due 9/13/2021, filed.(Waguespack, Jason) [Transferred from Texas Southern on 12/1/2021.]
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Filing 8
Summons Issued as to Fluence Energy LLC, Fluence Energy, GmbH. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons)(JacquelineMata, 4) [Transferred from Texas Southern on 12/1/2021.]
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Filing 7
Request for Issuance of Summons as to Fluence Energy LLC, Fluence Energy, GmbH, filed. (Attachments: #1 Continuation)(Hatzel, Cameron) [Transferred from Texas Southern on 12/1/2021.]
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Filing 6
NOTICE of Appearance by Cameron A. Hatzel on behalf of SCHENKERocean, Ltd, Schenker Deutschland AG, Schenker, Inc., filed. (Hatzel, Cameron) [Transferred from Texas Southern on 12/1/2021.]
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Filing 5
THIRD PARTY COMPLAINT against Fluence Energy, GmbH filed by SCHENKERocean, Ltd.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 4
INTERVENOR COMPLAINT against All Parties filed by SCHENKERocean, Ltd.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 3
ANSWER to #1 Complaint, CROSSCLAIM against Fluence Energy LLC by Schenker Deutschland AG, Schenker, Inc., filed.(Bailey, James) [Transferred from Texas Southern on 12/1/2021.]
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/29/2021 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(JosephWellsadi, 4)[Transferred from Texas Southern on 12/1/2021.]
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Filing 1
COMPLAINT against Fluence Energy LLC, Schenker Deutschland AG, Schenker, Inc. (Filing fee $ 402 receipt number 0541-26721674) filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Civil Cover Sheet)(Waguespack, Jason) [Transferred from Texas Southern on 12/1/2021.]
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