Tokio Marine Kiln Syndicates, Ltd. v. Electrolux Home Products, Inc. et al
| TOKIO MARINE KILN SYNDICATES, an England company and Tokio Marine Kiln Syndicates, Ltd |
| USEONG ELECTRO-MECHANICS CO., LTD., a South Korean company, ELECTROLUX HOME PRODUCTS, INC., a Delaware corporation, USEONG INTERNATIONAL, an Illinois corporation, Electrolux Home Products, Inc., Useong Electro-Mechanics CO., Ltd. and Useong International |
| Lynn Cunningham Appliance, Inc. |
| 1:2020cv01525 |
| May 28, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Nina Y Wang |
| Tort Product Liability |
| 28 U.S.C. § 1332 lp |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 CERTIFICATE of Service by E-mail by Clerk of Court to suzanne.fredrickson@judicial.state.co.us. Text Only Entry (Attachments: #1 Certified Copy of Order) (evana, ) |
Filing 36
ORDER that the Recommendation of United States Magistrate Judge (Doc. #35 ) is AFFIRMED and ADOPTED as an Order of this Court. That the instant action is REMANDED to the District Court for Larimer County, Case No. 2020CV30294, for lack of federal subject matter jurisdiction. That the Clerk of Court is respectfully directed to close this case, by Judge Christine M. Arguello on 7/24/2020. (evana, )
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| Filing 35 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 7/9/20. This court respectfully RECOMMENDS that this matter be REMANDED to the District Court for Larimer County, Case No. 2020CV30294. (nmarb, ) |
| Filing 34 Joint STATUS REPORT by Defendant Electrolux Home Products, Inc.. (Brooks, Lawrence) |
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Filing 33
ORDER Granting #31 and #32 Motions to Withdraw as Attorneys. Attorneys Mark Herber and Andrew Dunkin are permitted to withdraw as counsel for the Third-Party Defendant. The Court notes that the Third-Party Defendant continues to be represented by Angela Wood. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Messrs. Herber and Dunkin's email addresses from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 7/8/2020. Text Only Entry(cmasec)
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| Filing 32 MOTION to Withdraw as Attorney by ThirdParty Defendant Lynn Cunningham Appliance, Inc.. (Dunkin, Andrew) |
| Filing 31 MOTION to Withdraw as Attorney by ThirdParty Defendant Lynn Cunningham Appliance, Inc.. (Herber, Mark) |
| Filing 30 RESPONSE to #7 Answer to Amended Complaint /Useong International's Third-Party Complaint by ThirdParty Defendant Lynn Cunningham Appliance, Inc.. (Wood, Angela) |
| Filing 28 NOTICE of Entry of Appearance by Angela Kay Wood on behalf of Lynn Cunningham Appliance, Inc. (Wood, Angela) |
| Filing 29 COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 6/24/2020 before Magistrate Judge Nina Y. Wang. Parties shall meet and confer regarding the deductible issue and file a Joint Status Report on or before 7/8/2020. FTR: Courtroom A-502. (bwilk, ) |
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Filing 27
ORDER striking #25 Motion to Substitute Party by Magistrate Judge Nina Y. Wang on 6/24/2020. Pursuant to D.C.COLO.LAttyR 5(a)(1), "Unless otherwise ordered, an attorney shall not appear in a matter before the court unless the attorney has filed an Entry of Appearance," which can be found at the link in D.C.LAttyR 5(a)(4). Further, D.C.COLO.LAttyR 5(b) provides that an attorney who has entered her appearance may only withdraw upon formal motion demonstrating good cause and a subsequent court order granting leave to withdraw. For these reasons, this court STRIKES the Motion to Substitute Attorneys, with leave to re-file the appropriate documents identified in this Minute Order. Text Only Entry(nywlc2, )
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| Filing 26 MEMORANDUM regarding #25 MOTION to Substitute Party filed by Lynn Cunningham Appliance, Inc. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on Y. Text Only Entry (cmasec) |
| Filing 25 STRICKEN - MOTION to Substitute Party by ThirdParty Defendant Lynn Cunningham Appliance, Inc.. (Wood, Angela) Modified on 6/24/2020 to strike pursuant to 27 Order. (nmarb, ). |
| Filing 24 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #20 Notice of Entry of Appearance filed by attorney Mark Herber. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (evana, ) |
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Filing 22
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/19/2020. Before this court are two pending matters. First, this court CONSTRUES #19 Motion for Extension of Time to Answer or Otherwise Respond as the Parties' one stipulation to an extension of time pursuant to D.C.COLO.LCivR 6.1(a), and thus no Order from the court is necessary. Lynn Cunningham Appliance, Inc. shall answer or otherwise respond to the Third-Party Complaint on or before 7/8/2020. Second, given #17 Response to Order to Show Cause, a Telephonic Status Conference is set for 6/24/2020 11:30 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Text Only Entry(nywlc2, )
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| Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #20 Notice of Entry of Appearance filed by attorneyMark Adam Herbert.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. Address, phone and fax numbers and e-mail address are missing. (Text Only Entry) (nmarb, ) |
| Filing 21 MEMORANDUM regarding #19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Answer to Amended Complaint filed by Lynn Cunningham Appliance, Inc. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 6/18/2020. Text Only Entry (cmasec) |
| Filing 20 NOTICE of Entry of Appearance by Mark Adam Herber on behalf of Lynn Cunningham Appliance, Inc.Attorney Mark Adam Herber added to party Lynn Cunningham Appliance, Inc.(pty:3pd) (Herber, Mark) |
| Filing 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Answer to Amended Complaint by ThirdParty Defendant Lynn Cunningham Appliance, Inc.. (Dunkin, Andrew) |
| Filing 18 NOTICE of Entry of Appearance by Andrew Nathan Dunkin on behalf of Lynn Cunningham Appliance, Inc.Attorney Andrew Nathan Dunkin added to party Lynn Cunningham Appliance, Inc.(pty:3pd) (Dunkin, Andrew) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #15 by Defendant Electrolux Home Products, Inc.. (Attachments: #1 Exhibit A - Brinkman Periodic Report)(Brooks, Lawrence) |
| Filing 16 NOTICE of Entry of Appearance by Richard Roy Rardin on behalf of Tokio Marine Kiln Syndicates, LtdAttorney Richard Roy Rardin added to party Tokio Marine Kiln Syndicates, Ltd(pty:pla) (Rardin, Richard) |
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Filing 15
ORDER TO SHOW CAUSE: by Magistrate Judge Nina Y. Wang on 6/3/20 returnable by Electrolux as to why this court should not recommend that this matter be remanded for lack of federal subject matter jurisdiction. Show Cause Response due by 6/17/2020. (nmarb, )
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| Filing 14 ANSWER to #4 Amended Complaint and Jury Demand by Electrolux Home Products, Inc..(Brooks, Lawrence) |
| Filing 13 NOTICE of Entry of Appearance by Michael Jason Decker on behalf of Useong InternationalAttorney Michael Jason Decker added to party Useong International(pty:dft) (Decker, Michael) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 5/29/2020. Text Only Entry (cmasec)
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| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Electrolux North America Inc., Corporate Parent AB Electrolux, a Swedish Corporation for Electrolux Home Products, Inc.. (Brooks, Lawrence) |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, ) |
| Filing 9 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (alave, ) |
| Filing 8 STATE COURT ORDER GRANTING Unopposed Motion for Enlargement of Time to Respond to Complaint Until June 2, 2020. (alave, ) |
| Filing 7 Defendant Useong International's ANSWER to #4 Amended Complaint, Third-Party Complaint and Jury Demand by Useong International.(alave, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Civil Summons and Amended Complaint and Jury Demand upon Electrolux Home Products, Inc on 04/28/2020. (alave, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Civil Summons and Civil Amended Complaint and Jury Demand upon Useong International on 04/27/2020. (alave, ) |
| Filing 4 AMENDED COMPLAINT AND JURY DEMAND against Electrolux Home Products, Inc., Useong Electro Mechanical Co., Ltd, Useong International, filed by Tokio Marine Kiln Syndicates, Ltd.(alave, ) |
| Filing 3 COMPLAINT AND JURY DEMAND against Electrolux Home Products, Inc., Useong Electro Mechanical Co., Ltd, Useong International, filed by Tokio Marine Kiln Syndicates, Ltd.(alave, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (alave, ) |
| Filing 1 NOTICE OF REMOVAL by ELECTROLUX HOME PRODUCTS, INC., a Delaware corporation from Larimer County District Court, Case Number 2020CV30294. (Filing fee $ 400, Receipt Number 1082-7314645), filed by ELECTROLUX HOME PRODUCTS, INC., a Delaware corporation. (Attachments: #1 Exhibit Exhibit A - State Court Complaint, #2 Exhibit Exhibit B - State Court Civil Cover Sheet, #3 Exhibit Exhibit C - Notice of Judicial Case Management, #4 Exhibit Exhibit D - Amended Complaint, #5 Exhibit Exhibit E - Amended State Court Civil Case Cover Sheet, #6 Exhibit Exhibit F - Acceptance and Waiver of Service, #7 Exhibit Exhibit G - Affidavit of Service on Electrolux, #8 Exhibit Exhibit H - Unopposed Motion for Enlargement of Time to Respond to Complaint, #9 Exhibit Exhibit I - Order Granting Enlargement of Time to Respond, #10 Exhibit Exhibit J - Answer and Third-Party Complaint, #11 Exhibit Exhibit K - State Court Civil Cover Sheet for Third-Party Complaint, #12 Exhibit Exhibit L - State Court Summons on Third-Party Complaint, #13 Exhibit Exhibit M - Tokio Marine Kiln Corporate Information, #14 Exhibit Exhibit N - Statement of Foreign Entity Authority for Electrolux, #15 Exhibit Exhibit O - Electrolux Periodic Report, #16 Civil Cover Sheet Civil Cover Sheet, #17 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet)(Brooks, Lawrence) |
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