Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corporation

Plaintiff: Siemens Mobility, Inc.
Defendant: Westinghouse Air Brake Technologies Corporation
Case Number: 1:2019cv00544
Filed: March 20, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Christopher J Burke
Referring Judge: Leonard P Stark
Nature of Suit: Anti-Trust
Cause of Action: 15:1
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2019 Filing 40 NOTICE OF SERVICE of Plaintiff Siemens Mobility, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Siemens Mobility, Inc..(Blumenfeld, Jack)
June 19, 2019 Filing 39 NOTICE OF SERVICE of Initial ESI Disclosures Pursuant to the Court's Default Standard for Discovery filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven)
June 18, 2019 CORRECTING ENTRY: Corrected document added to D.I. 38 per request of counsel. (ntl)
June 18, 2019 Filing 38 NOTICE OF SERVICE of (1) Plaintiff Siemens Mobility, Inc.'s Objections and Responses to Defendant Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s First Set of Requests for Admission (Nos. 1-16) to Plaintiff Siemens Mobility, Inc.; (2) Plaintiff Siemens Mobility, Inc.'s Objections and Responses to Defendant Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s First Set of Requests for Documents and Things (Nos. 1-57) to Plaintiff Siemens Mobility, Inc.; and (3) Plaintiff Siemens Mobility, Inc.'s Objections and Responses to Defendant Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s First Set of Interrogatories (Nos. 1-9) filed by Siemens Mobility, Inc..(Kraftschik, Stephen) (Main Document 38 replaced on 6/18/2019) (ntl).
June 17, 2019 Filing 37 Official Transcript of Case Management Conference held on May 20, 2019 before Judge Christopher J. Burke. Court Reporter John Donnelly of Veritext Legal Solutions, Telephone number (302) 571-0510. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (bpg)
June 11, 2019 Filing 36 NOTICE OF SERVICE of Initial Disclosures of Plaintiff Siemens Mobility, Inc. Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Siemens Mobility, Inc..(Kraftschik, Stephen)
June 11, 2019 Filing 35 NOTICE OF SERVICE of Initial Disclosures filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven)
June 10, 2019 Opinion or Order Filing 34 PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 6/10/2019. (mlc)
June 7, 2019 Filing 33 PROPOSED ORDER /[Proposed] Stipulated Protective Order by Siemens Mobility, Inc.. (Kraftschik, Stephen)
June 4, 2019 Opinion or Order Filing 32 ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 6/4/2019. (dlb)
May 29, 2019 Filing 31 REDACTED VERSION of #24 Reply Brief, Defendant Westinghouse Air Brake Technologies Corporation's Reply Memorandum in Support of Its Motion to Dismiss by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven)
May 28, 2019 Filing 30 NOTICE OF SERVICE of Responses and Objections to Plaintiff Siemens Mobility, Inc.'s First Set of Requests for Admission (Nos. 1-15) and Responses and Objections to Plaintiff Siemens Mobility, Inc.'s First Set of Interrogatories (Nos. 1-11) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven)
May 28, 2019 CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak)
May 28, 2019 Opinion or Order Filing 29 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/23/2019. Amended Pleadings due by 8/23/2019. Discovery due by 7/1/2020. Status Report due by 12/6/2019. Dispositive Motions due by 1/15/2021. A Pretrial Conference is set for 6/25/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 7/12/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 5/28/2019. (mlc)
May 24, 2019 Filing 28 Letter to The Honorable Christopher J. Burke from Stephen J. Kraftschik regarding Request for Oral Argument - re #15 MOTION to Dismiss for Failure to State a Claim . (Kraftschik, Stephen)
May 24, 2019 Filing 27 PROPOSED ORDER /Proposed Scheduling Order by Siemens Mobility, Inc.. (Attachments: #1 Cover Letter)(Kraftschik, Stephen)
May 22, 2019 Filing 26 Letter to the Honorable Christopher J. Burke from Steven L. Caponi regarding Request for Oral Argument on Wabtec's Motion to Dismiss - re #15 MOTION to Dismiss for Failure to State a Claim . (Caponi, Steven)
May 22, 2019 Filing 25 [SEALED] DECLARATION re #24 Reply Brief, Declaration of Laura Gradel in Support of Defendant Westinghouse Air Brake Technologies Corporation's Reply Memorandum in Support of Its Motion to Dismiss by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit A-C)(Caponi, Steven)
May 22, 2019 Filing 24 [SEALED] REPLY BRIEF re #15 MOTION to Dismiss for Failure to State a Claim Defendant Westinghouse Air Brake Technologies Corporation's Reply Memorandum in Support of Its Motion to Dismiss filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven)
May 22, 2019 Filing 23 REDACTED VERSION of #21 Answering Brief in Opposition to Motion to Dismiss Complaint by Siemens Mobility, Inc.. (Kraftschik, Stephen)
May 20, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 5/20/2019. The Court provided key dates to counsel and requested that Plaintiff's counsel submit a proposed revised scheduling order by close of business on 5/24/19. The Court resolved the parties' dispute regarding deposition hours. (Court Reporter John Donnelly (Veritext). Clerk: M. Crawford) Appearances: K. Jacobs, C. Solh, S. Namiri-Kalantari for Plaintiff; S. Caponi, K. Wallace, L. Gradel for Defendant. (mlc)
May 16, 2019 Filing 22 NOTICE OF SERVICE of First Set of Requests for Documents (Nos. 1-57) and Things to Plaintiff Siemens Mobility, Inc.; First Set of Interrogatories (Nos. 1-9) to Plaintiff Siemens Mobility, Inc.; and First Set of Requests for Admission (Nos. 1-16) to Plaintiff Siemens Mobility, Inc. filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven)
May 15, 2019 Filing 21 [SEALED] ANSWERING BRIEF in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Siemens Mobility, Inc..Reply Brief due date per Local Rules is 5/22/2019. (Kraftschik, Stephen)
May 14, 2019 Pro Hac Vice Attorney Sima Namiri-Kalantari, Chahira Solh, and Kent A. Gardiner for Siemens Mobility, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
May 14, 2019 Opinion or Order Filing 20 Oral Order regarding Scheduling Conference: The Court has reviewed the parties submission at D.I. 19 and will convert the Scheduling Conference to a Teleconference set for 5/20/2019 at 01:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 5/14/2019. (dlb)
May 10, 2019 Filing 19 Letter to The Honorable Christopher J. Burke from Stephen J. Kraftschik regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: #1 Proposed Scheduling Order, #2 Case Management Checklist)(Kraftschik, Stephen)
May 10, 2019 Opinion or Order SO ORDERED D.I. #18 Stipulation regarding Cross-Use Agreement filed by Siemens Mobility, Inc.. Ordered by Judge Christopher J. Burke on 5/10/2019. (dlb)
May 10, 2019 Filing 18 STIPULATION regarding Cross-Use Agreement by Siemens Mobility, Inc.. (Kraftschik, Stephen)
May 1, 2019 Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven)
May 1, 2019 Filing 16 OPENING BRIEF in Support re #15 MOTION to Dismiss for Failure to State a Claim Defendant Westinghouse Air Brake Technologies Corporation's Opening Brief in Support of Motion to Dismiss filed by Westinghouse Air Brake Technologies Corporation.Answering Brief/Response due date per Local Rules is 5/15/2019. (Caponi, Steven)
May 1, 2019 Filing 15 MOTION to Dismiss for Failure to State a Claim - filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Text of Proposed Order)(Caponi, Steven)
April 23, 2019 Filing 14 NOTICE OF SERVICE of 1) Plaintiff Siemens Mobility, Inc.'s First Set of Interrogatories (Nos. 1-11) to Defendant Westinghouse Air Brake Technologies Corporation d/b/a WABTEC Corporation) and 2) Plaintiff Siemens Mobility, Inc.'s First Set of Requests for Admission (Nos. 1-15) to Defendant Westinghouse Air Brake Technologies Corporation (d/b/a WABTEC Corporation) filed by Siemens Mobility, Inc..(Kraftschik, Stephen)
April 15, 2019 Opinion or Order Filing 13 ORAL ORDER: The Court, having reviewed the parties' April 12, 2019 letter, (D.I. 12), HEREBY ORDERS as follows: (1) By no later than May 10, 2019, the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist") and shall jointly file the following: (a) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (b) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (c) a letter, not to exceed three pages, that contains the following: (i) a description of what this case is about; (ii) the parties' positions regarding the disputes in the proposed Scheduling Order, and (iii) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). (2) A Case Management/Scheduling Conference is set for May 20, 2019 at 1:30 PM in Courtroom 2A before Judge Christopher J. Burke. The Case Management/Scheduling conference may later be converted into a telephonic conference at the Court's discretion. Ordered by Judge Christopher J. Burke on 4/15/2019. (dlb)
April 12, 2019 Filing 12 Letter to The Honorable Christopher J. Burke from Stephen J. Kraftschik regarding the setting of a Rule 16 Scheduling Conference. (Kraftschik, Stephen)
April 10, 2019 Pro Hac Vice Attorneys Laura D. Gradel, Kathleen Wallace, and John M. Majoras for Westinghouse Air Brake Technologies Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp)
April 8, 2019 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Kathleen Wallace, Laura Diss Gradel and John M. Majoras filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 4/8/19. (ntl)
April 5, 2019 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Kathleen Wallace, Laura Diss Gradel and John M. Majoras - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven)
April 3, 2019 Opinion or Order SO ORDERED D.I. #10 MOTION for Pro Hac Vice Appearance of Attorney Kent A. Gardiner, Mark Supko, Chahira Solh, Joshua Rychlinski and Sima Namiri-Kalantari filed by Siemens Mobility, Inc. Ordered by Judge Christopher J. Burke on 4/3/2019. (dlb)
April 3, 2019 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Kent A. Gardiner, Mark Supko, Chahira Solh, Joshua Rychlinski and Sima Namiri-Kalantari - filed by Siemens Mobility, Inc.. (Kraftschik, Stephen)
April 1, 2019 Filing 9 REDACTED VERSION of #2 Complaint, by Siemens Mobility, Inc.. (Kraftschik, Stephen)
March 28, 2019 Opinion or Order SO ORDERED D.I. #7 Joint STIPULATION TO EXTEND TIME to Submit Redacted Version of Complaint to April 1, 2019 filed by Siemens Mobility, Inc. Ordered by Judge Christopher J. Burke on 3/28/2019. (dlb)
March 28, 2019 Opinion or Order SO ORDERED D.I. #6 STIPULATION TO EXTEND TIME to Answer Complaint to May 1, 2019 filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 3/28/2019. (dlb)
March 28, 2019 Opinion or Order Filing 8 ORAL REFERRAL ORDER: IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 3/28/19. (ntl)
March 27, 2019 Filing 7 Joint STIPULATION TO EXTEND TIME to Submit Redacted Version of Complaint to April 1, 2019 - filed by Siemens Mobility, Inc.. (Kraftschik, Stephen)
March 27, 2019 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
March 25, 2019 Filing 6 STIPULATION TO EXTEND TIME to Answer Complaint to May 1, 2019 - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven)
March 21, 2019 Opinion or Order ORAL ORDER re #2 Sealed Complaint, filed by Siemens Mobility, Inc. IT IS ORDERED that a redacted version of the sealed complaint shall be filed electronically, within 7 days after the filing of the original sealed document. Ordered by Judge Colm F. Connolly on 3/21/2019. (nmf)
March 21, 2019 Opinion or Order SO ORDERED, re #1 MOTION to Seal filed by Siemens Mobility, Inc. Signed by Judge Colm F. Connolly on 3/21/2019. (nmf)
March 21, 2019 Filing 5 SUMMONS Returned Executed by Siemens Mobility, Inc.. Westinghouse Air Brake Technologies Corporation served on 3/20/2019, answer due 4/10/2019. (Kraftschik, Stephen)
March 21, 2019 Remark : Exit copies to Duty Judge (CFC). (sar)
March 21, 2019 Summons Issued with Magistrate Consent Notice attached as to Westinghouse Air Brake Technologies Corporation on 3/21/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)
March 20, 2019 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Siemens AG, Corporate Parent Siemens Mobility GmbH for Siemens Mobility, Inc. filed by Siemens Mobility, Inc.. (sar)
March 20, 2019 Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar)
March 20, 2019 Filing 2 SEALED COMPLAINT filed with Jury Demand against Westinghouse Air Brake Technologies Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2600122.) - filed by Siemens Mobility, Inc.. (Attachments: #1 Civil Cover Sheet)(sar) Modified on 3/21/2019 (nmf).
March 20, 2019 Filing 1 MOTION to Seal - filed by Siemens Mobility, Inc.. (Attachments: #1 Proposed Order)(sar)

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Defendant: Westinghouse Air Brake Technologies Corporation
Represented By: Steven L. Caponi
Represented By: Laura D. Gradel
Represented By: John M. Majoras
Represented By: Kathleen Wallace
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Plaintiff: Siemens Mobility, Inc.
Represented By: Stephen J. Kraftschik
Represented By: Karen Jacobs
Represented By: Jack B. Blumenfeld
Represented By: Sima Namiri-Kalantari
Represented By: Kent A. Gardiner
Represented By: Chahira Solh
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