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 |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
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| 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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