Westrock CP, LLC v. Ming's Resource Corporation
| Westrock CP, LLC |
| Ming's Resource Corporation |
| 1:2022cv00870 |
| June 28, 2022 |
| US District Court for the District of Delaware |
| Vacant Judgeship (2022) |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Appearance by Julie M. O'Dell on behalf of Ming's Resource Corporation (O'Dell, Julie) |
| Filing 41 Letter to Clerk of Court John Cerino from Daniel A. Griffith regarding Request for Defendant Ming's Resource to File Amended Pleading. (Griffith, Daniel) |
| Filing 40 NOTICE of Appearance by Daniel A. Griffith on behalf of Westrock CP, LLC (Griffith, Daniel) |
| Filing 39 VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) |
| Filing 38 ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 7/7/2022. (etg) |
| Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (rjb) |
| Filing 37 Local Counsel Letter sent. Notice of Compliance deadline set for 7/28/2022. (mpb) |
| Filing 36 Record of case transferred in from District of California Eastern; Case Number in Other District: 2:22-cv-00176. Copy of Docket Sheet and original file |
Filing 35
STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 06/01/2022 VACATING the Status Pretrial Scheduling Conference scheduled for 06/06/2022; Designation of Expert Witnesses due by 8/29/2022; Discovery due by 10/31/2022; Motions filed by 12/30/2022; Final Pretrial Conference set for 2/27/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 4/26/2023 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Rodriguez, E) Modified on 6/1/2022 (York, M). [Transferred from California Eastern on 6/28/2022.]
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| SERVICE BY MAIL: #35 Scheduling Order served on Matthew J. Yium NCAED. (Rodriguez, E) [Transferred from California Eastern on 6/28/2022.] |
| Filing 34 JOINT RULE 26 (f) REPORT and DISCOVERY PLAN by Westrock CP, LLC. (Emch, Christopher) [Transferred from California Eastern on 6/28/2022.] |
| Filing 33 NOTICE of Association of Counsel and Change in Designation of Counsel for Service by Westrock CP, LLC. (Bricken, Kathleen) [Transferred from California Eastern on 6/28/2022.] |
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Filing 32
ORDER signed by Senior Judge William B. Shubb on 4/20/22 GRANTING #19 WestRock's motion to sever MRC's counterclaims and transfer them to the District of Delaware; and GRANTING #19 WestRock's motion to strike MRC's offset affirmative defense. (Kastilahn, A) [Transferred from California Eastern on 6/28/2022.]
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| SERVICE BY MAIL: #32 Order served on Matthew J. Yium NCAED. (Kastilahn, A) [Transferred from California Eastern on 6/28/2022.] |
| Filing 31 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 4/18/2022 re #19 Plaintiff's Motion to Dismiss Counterclaims; alternative Motion to Sever and Transfer Venue of Counterclaims; and Motion to Strike Affirmative Defenses. Counsel argue. MOTION SUBMITTED. The Court will issue a separate order. Plaintiff's Counsel Kathleen Bricken present. Defendant's Counsel Ryan Meyer present. Court Reporter: Tiphanne Crowe. (Kirksey Smith, K) [Transferred from California Eastern on 6/28/2022.] |
| Filing 30 NOTICE of Disassociation of Prior Local Counsel, Peter S. Willcox-Jones, by Ming's Resource Corporation. (Attachments: #1 Proof of Service)(Meyer, Ryan) Modified on 3/22/2022 (Huang, H). [Transferred from California Eastern on 6/28/2022.] |
| Filing 29 OPPOSITION by Ming's Resource Corporation to #28 Motion to Dismiss. (Attachments: #1 Proof of Service)(Meyer, Ryan) [Transferred from California Eastern on 6/28/2022.] |
| Filing 28 NOTICE OF MOTION to DISMISS by Westrock CP, LLC. Attorney Bricken, Kathleen C. added. Motion Hearing re #19 Motion to Dismiss Counterclaims reset for 4/18/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Bricken, Kathleen) Modified on 3/24/2022 (Kirksey Smith, K). [Transferred from California Eastern on 6/28/2022.] |
| Filing 27 CLERK'S NOTICE to Attorneys Matthew J. Yium, NCAED and Peter S. Willcox-Jones, NCAED : Attorneys are DIRECTED to register for admission to the Eastern District of California. Please visit PACER.gov for admission. (Maldonado, C) [Transferred from California Eastern on 6/28/2022.] |
| Filing 26 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/6/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Maldonado, C) [Transferred from California Eastern on 6/28/2022.] |
| Filing 25 CASE TRANSFERRED IN from District of Oregon; Case Number 3:21-cv-00929. [Transferred from California Eastern on 6/28/2022.] |
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Filing 24
ORDER of Transfer regarding Opinion and Order #23 . IT IS SO ORDERED that this case be TRANSFERRED to the United States District Court for the Eastern District of California. Signed on 01/07/2022 by Judge Michael W. Mosman. (kgc) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.]
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Filing 23
Opinion and Order: For the reasons given above, I GRANT Ming's Resource's Motion to Transfer Venue [ECF 13]. I order this case to be transferred to the Eastern District of California. I leave Westrock's Motion to Dismiss Counterclaims [ECF 19] to be decided by the receiving court. Signed on 1/7/2022 by Judge Michael W. Mosman. (kms) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.]
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| Filing 22 Reply to Motion to Dismiss CounterclaimsAlternative Motion to Sever and Transfer Venue of Counterclaims Motion to Strike Affirmative Defenses Counterclaim #10 , Answer to Complaint #9 #19 Oral Argument requested. Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 21 Response in Opposition to Motion to Dismiss CounterclaimsAlternative Motion to Sever and Transfer Venue of Counterclaims Motion to Strike Affirmative Defenses Counterclaim #10 , Answer to Complaint #9 #19 Oral Argument requested. Filed by Ming's Resource Corporation. (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 20 Reply to Motion to Change or Transfer Venue to the Eastern District of California #13 Oral Argument requested. Filed by Ming's Resource Corporation. (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 19 Motion to Dismiss Counterclaims, Alternative Motion to Sever and Transfer Venue of Counterclaims, Motion to Strike Affirmative Defenses Counterclaim #10 , Answer to Complaint #9 . Oral Argument requested. Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 18 Declaration of Matthew J. Yium in Support of WestRock's Opposition to Ming's Motion to Transfer Venue. Filed by Westrock CP, LLC. (Related document(s): Response in Opposition to Motion #16 .) (Attachments: #1 Exhibit A) (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 17 Declaration of Chris Sewell in Support of WestRock's Opposition to Ming's Motion to Transfer Venue. Filed by Westrock CP, LLC. (Related document(s): Response in Opposition to Motion #16 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 16 Response in Opposition to Motion to Change or Transfer Venue to the Eastern District of California #13 Oral Argument requested. Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
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Filing 15
ORDER: Plaintiffs Unopposed Motion for Extension of Time #14 is GRANTED. Plaintiff shall file its response to Defendants Motion to Transfer #13 by 10/1/2021. Ordered by Judge Michael W. Mosman. (kms) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.]
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| Filing 14 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Change or Transfer Venue to the Eastern District of California #13 . Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 13 Motion to Change or Transfer Venue to the Eastern District of California. Oral Argument requested. Filed by Ming's Resource Corporation. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Kevin Luong, #3 Declaration of Ryan Meyer, #4 Request for Judicial Notice) (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 11 Corporate Disclosure Statement . Filed by Ming's Resource Corporation. (Attachments: #1 Attachment Proof of Service) (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 10 Counterclaim as to Westrock CP, LLC. Filed by Ming's Resource Corporation (Attachments: #1 Attachment Proof of Service). (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 9 Answer to #1 Complaint, with Jury Demand Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Ming's Resource Corporation. (Meyer, Ryan) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
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Filing 8
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #6 . Attorney Ryan Meyer added. Ordered by Judge Michael W. Mosman. (kms) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.]
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan Meyer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8194115 #6 : Reviewed and Ready for Ruling. (ecp) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 7 Notice of Correction by Clerk regarding #6 Motion for Leave to Appear Pro Hac Vice of Ryan Meyer. A Clerical error has been discovered in the case record: Local counsel was not a member of our bar. Replaced PDF listing corrected local counsel. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (sss) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 6 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan Meyer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8194115. Filed by Ming's Resource Corporation. (Meyer, Ryan) (Main Document 6 replaced on 8/23/2021) (sss). [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 5 Waiver of Service of Summons Returned Executed by Ming's Resource Corporation waiver sent on 7/12/2021. Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 4 Summons Issued Electronically as to Ming's Resource Corporation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
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Filing 3
Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/22/2021. Joint Alternate Dispute Resolution Report is due by 11/22/2021. Pretrial Order is due by 11/22/2021. Ordered by Judge Michael W. Mosman. (sss) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.]
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| Filing 2 Corporate Disclosure Statement . Filed by Westrock CP, LLC. (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8131207 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Westrock CP, LLC against Ming's Resource Corporation (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet, #4 Proposed Summons). (Yium, Matthew) [Transferred from ord on 1/27/2022.] [Transferred from California Eastern on 6/28/2022.] |
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| Plaintiff: Westrock CP, LLC | |
| Represented By: | Daniel A. Griffith |
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| Defendant: Ming's Resource Corporation | |
| Represented By: | Julie M. O'Dell |
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