AEnergy, S.A. et al v. GE Capital EFS Financing, Inc.
| AEnergy, S.A. and Combined Cycle Power Soyo, S.A. |
| GE Capital EFS Financing, Inc. |
| 3:2022cv01054 |
| August 22, 2022 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| S Dave Vatti |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE of Appearance by Thomas Henderson Dupree, Jr on behalf of GE Capital EFS Financing, Inc. (Dupree, Thomas) |
| Filing 36 NOTICE of Appearance by Daniel Nowicki on behalf of GE Capital EFS Financing, Inc. (Nowicki, Daniel) |
| Filing 35 NOTICE of Appearance by Ilissa Samplin on behalf of GE Capital EFS Financing, Inc. (Samplin, Ilissa) |
Filing 34
ORDER granting #23 Motion to Appear Pro Hac Vice; granting #24 Motion to Appear Pro Hac Vice; granting #25 Motion to Appear Pro Hac Vice; granting #26 Motion to Appear Pro Hac Vice. Signed by Clerk on 10/17/2022. (Chartier, AnnMarie)
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Filing 33
ORDER RE DISCOVERY DISPUTE. Counsel contacted chambers to advise that there is a dispute about whether discovery should be stayed pending resolution of the motion to dismiss. Defendants may file any motion to stay discovery on October 31, 2022, and plaintiffs shall file any objection or other response on or before November 14, 2022. The Court otherwise STAYS discovery until the later of October 31, 2022 or the date when the Court determines any motion filed by the defendants to stay discovery. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/14/22. (Wang, S.)
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| Filing 32 REPLY to Response to #20 MOTION to Seal ,per the Court's Order, dated August 23, 2022 (Dkt. 11), Subpart (a) of Paragraph 66 of Plaintiffs' Complaint and the quoted excerpt of a document that immediately follows, which includes specific profit and accounting filed by GE Capital EFS Financing, Inc.. (Wheelin, Brian) |
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Filing 31
ORDER REFERRING CASE to Magistrate Judge S. Dave Vatti for ruling on Motion to Seal (Doc. #20 ). Signed by Judge Jeffrey A. Meyer on 10/5/22.(Barry, Donna)
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Filing 30
ORDER DENYING DEFENDANT'S MOTION FOR BIFURCATED BRIEFING OF MOTION TO DISMISS (Doc. #22 ) AND EXTENDING TIME FOR FILING. Defendant has moved for an order allowing bifurcated briefing of its intended motion(s) to dismiss, such that the parties would first brief only the issues of forum non conveniens and related issue preclusion before briefing other grounds for dismissal if the Court does not dismiss the complaint on grounds of forum non conveniens or issue preclusion. Doc. #22. Plaintiffs have filed a response opposing the motion. Doc. #29. The Court concludes on balance that the defendant has not established adequate grounds for bifurcation of the briefing at the motion to dismiss stage. In light of the likely range of issues that the defendant may raise, the Court extends the time for the defendant to file a motion to dismiss to October 31, 2022. It is so ordered.Signed by Judge Jeffrey A. Meyer on 10/3/2022. (Wang, S.)
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| Filing 29 Memorandum in Opposition re #22 MOTION for AN ORDER REGARDING FORTHCOMING MOTION TO DISMISS Order filed by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Levy, Vincent) |
| Filing 26 MOTION for Attorney(s) Ilissa Samplin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7085071) by GE Capital EFS Financing, Inc.. (Attachments: #1 Exhibit Affidavit of Ilissa Samplin)(Wheelin, Brian) |
| Filing 25 MOTION for Attorney(s) Samuel Liversidge to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7085061) by GE Capital EFS Financing, Inc.. (Attachments: #1 Exhibit Affidavit of Samuel Liversidge)(Wheelin, Brian) |
| Filing 24 MOTION for Attorney(s) Daniel Nowicki to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7085048) by GE Capital EFS Financing, Inc.. (Attachments: #1 Exhibit Affidavit of Daniel Nowicki)(Wheelin, Brian) |
| Docket Entry Correction: Docket text of the Order (Doc. # 28 ) was amended. (Barry, Donna) |
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Filing 28
ORDER. Any objection or other response to the motion for order (Doc. #[22)]) shall be filed by September 30, 2022. It is so ordered Signed by Judge Jeffrey A. Meyer on 9/28/22.(Barry, Donna) Modified on 9/29/2022 to correct the link to the motion for order (Barry, Donna).
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| Filing 23 MOTION for Attorney(s) Thomas H. Dupree, Jr. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7083567) by GE Capital EFS Financing, Inc.. (Attachments: #1 Exhibit Affidavit of Thomas Dupree)(Wheelin, Brian) |
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Filing 27
ORDER. The Court DENIES the motion to stay (Doc. #10 ) for the same reasons that the Court has denied the motion to stay in the companion case, 3:22-cv-1055. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/27/22. (Barry, Donna)
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| Filing 22 MOTION for AN ORDER REGARDING FORTHCOMING MOTION TO DISMISS Order by GE Capital EFS Financing, Inc.. (Attachments: #1 Memorandum in Support)(Wheelin, Brian) |
| Filing 21 Memorandum in Opposition re #20 MOTION to Seal ,per the Court's Order, dated August 23, 2022 (Dkt. 11), Subpart (a) of Paragraph 66 of Plaintiffs' Complaint and the quoted excerpt of a document that immediately follows, which includes specific profit and accounting filed by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Levy, Vincent) |
| Filing 20 MOTION to Seal ,per the Court's Order, dated August 23, 2022 (Dkt. 11), Subpart (a) of Paragraph 66 of Plaintiffs' Complaint and the quoted excerpt of a document that immediately follows, which includes specific profit and accounting information by GE Capital EFS Financing, Inc.. (Wheelin, Brian) |
| Filing 19 AFFIDAVIT of Service for Summons, Redacted Complaint, Motion to File Complaint Provisionally Under Seal and with Redactions, Unredacted Complaint, Order on Pretrial Deadlines, Electronic Filing Order, Standing Protective Order, and Notice to Counsel and Self-Represented Parties served on GE Capital EFS Financing, Inc. c/o CT Corporation System on 08/22/2022, filed by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Levy, Vincent) |
| Filing 17 Memorandum in Opposition re #10 MOTION to Stay pending US Supreme Court petition for a writ of certiorari filed by GE Capital EFS Financing, Inc.. (Wheelin, Brian) |
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Filing 18
ORDER. The Court GRANTS the consent motion for extension of time (Doc. #16 ) as follows: motion to dismiss by October 15, 2022; opposition to motion to dismiss by December 15, 2022; reply by January 15, 2023. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/9/22. (Barry, Donna)
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| Reset Deadline: Motion to Dismiss due by 10/15/2022 (Barry, Donna) |
| Filing 16 MOTION for Extension of Time until October 12, 2022 Respond to Complaint #1 Complaint by GE Capital EFS Financing, Inc.. (Wheelin, Brian) |
| Filing 15 NOTICE of Appearance by Brian J. Wheelin on behalf of GE Capital EFS Financing, Inc. (Wheelin, Brian) |
| Filing 14 CERTIFICATE OF SERVICE by AEnergy, S.A., Combined Cycle Power Soyo, S.A. re #10 MOTION to Stay pending US Supreme Court petition for a writ of certiorari, #12 MOTION for Leave to File (Levy, Vincent) |
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Filing 13
ORDER. The Court GRANTS plaintiffs' motion (Doc. #12) to file a corrected redacted complaint (Doc. #12-1). The Clerk of Court shall seal and maintain under seal the initial version of the redacted complaint (Doc. #1). It is so ordered.Signed by Judge Jeffrey A. Meyer on 08/24/2022. (Gilles, E.)
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| Filing 12 MOTION for Leave to File by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Attachments: #1 Exhibit A - Redacted Complaint)(Levy, Vincent) |
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Filing 11
ORDER. The Court GRANTS the plaintiffs' provisional motion for temporary sealing (Doc. #2) of parts of the complaint as filed on the public record (Doc. #1). Defendant may file a motion to seal on or before September 23, 2022 if the defendant believes there are proper grounds to seal those portions of the complaint that have been redacted as filed on the public record. It is so ordered. Signed by Judge Jeffrey A. Meyer on 08/23/2022. (Gilles, E.)
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| Filing 10 MOTION to Stay pending US Supreme Court petition for a writ of certiorari by AEnergy, S.A., Combined Cycle Power Soyo, S.A..Responses due by 9/12/2022 (Levy, Vincent) |
| Filing 9 Corporate Disclosure Statement by AEnergy, S.A., Combined Cycle Power Soyo, S.A. identifying Corporate Parent Aenergy, S.A. for Combined Cycle Power Soyo, S.A.. (Levy, Vincent) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *GE Capital EFS Financing, Inc.* with answer to complaint due within *21* days. Attorney *Vincent Levy* *Holwell Shuster & Goldberg LLP* *425 Lexington Avenue* *New York, NY 10017*. (Freberg, B) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Order on Pretrial Deadlines, #3 Sealed Document filed by Combined Cycle Power Soyo, S.A., AEnergy, S.A., #5 Electronic Filing Order, #6 Protective Order, #1 Complaint filed by Combined Cycle Power Soyo, S.A., AEnergy, S.A., #2 MOTION to Seal Complaint filed by Combined Cycle Power Soyo, S.A., AEnergy, S.A. Signed by Clerk on 8/22/2022.(Freberg, B) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 8/22/2022.(Freberg, B)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 8/22/2022.(Freberg, B)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 10/21/2022; Discovery due by 2/21/2023; Dispositive Motions due by 3/28/2023. Signed by Clerk on 8/22/2022.(Freberg, B)
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| Filing 3 Sealed Document: Unredacted Complaint by AEnergy, S.A., Combined Cycle Power Soyo, S.A. re #1 Complaint, #2 MOTION to Seal Complaint . (Levy, Vincent) |
| Filing 2 MOTION to Seal Complaint by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Levy, Vincent) |
| Filing 1 COMPLAINT (Redacted) against GE Capital EFS Financing, Inc. ( Filing fee $402 receipt number ACTDC-7041074.), filed by AEnergy, S.A., Combined Cycle Power Soyo, S.A.. (Attachments: #1 Civil Cover Sheet)(Levy, Vincent) |
| Judge Jeffrey A. Meyer added. (Freberg, B) |
| Request for Clerk to issue summons as to GE Capital EFS Financing, Inc.. (Levy, Vincent) |
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