Gillespie & Powers, Inc. v. Alcoa Warrick LLC et al
| Gillespie & Powers, Inc. |
| Alcoa Warrick LLC, Warrick Real Estate LLC and Kaiser Aluminum Warrick, LLC |
| 1:2023cv00273 |
| March 14, 2023 |
| US District Court for the District of Delaware |
| Gregory B Williams |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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SO ORDERED, re #59 Stipulation and Order Extending Time for Response to Counterclaims filed by Gillespie & Powers, Inc. Signed by Judge Gregory B. Williams on 5/9/23. (ntl)
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| Filing 59 STIPULATION Extending Time for Response to Kaiser Aluminum Warrick, LLC's Counterclaims to June 5, 2023 re #44 Amended Answer to Complaint, Counterclaim by Gillespie & Powers, Inc.. (Morgan, Michelle) |
| Filing 58 Letter to The Honorable Gregory B. Williams from Michelle L. Morgan regarding request for oral argument on Motion for Reconsideration - re #57 Joinder, #56 Response to Motion, #54 MOTION for Reconsideration re #40 Letter, #39 Order on Motion to Transfer Case,, . (Morgan, Michelle) |
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SO ORDERED, re #55 Joint STIPULATION and [Proposed] Order Extending Time for Response to Complaint filed by Gillespie & Powers, Inc. Signed by Judge Gregory B. Williams on 4/27/23. (ntl)
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| Filing 57 JOINDER by Warrick Real Estate LLC, joining in #56 Response to Motion, #54 Motion for Reconsideration, Warrick Real Estate LLC's Joinder to Alcoa Warrick LLC, N/K/A Kaiser Aluminum Warrick, LLC's Response in Opposition to Gillespie & Powers, Inc.'s Motion for Reconsideration of the Magistrate Judge's Order Transferring this Case to the District of Delaware. (Caponi, Steven) |
| Filing 56 RESPONSE to Motion re #54 MOTION for Reconsideration re #40 Letter, #39 Order on Motion to Transfer Case,, Alcoa Warrick LLC, N/K/A Kaiser Aluminum Warrick, LLC's Response in Opposition to Gillespie & Powers, Inc.'s Motion for Reconsideration of the Magistrate Judges Order Transferring this Case to the District of Delaware filed by Alcoa Warrick LLC, Kaiser Aluminum Warrick, LLC. (Burton, William) |
| Filing 55 Joint STIPULATION and [Proposed] Order Extending Time for Response to Complaint re #44 Amended Answer to Complaint, Counterclaim, SO ORDERED by Gillespie & Powers, Inc.. (Morgan, Michelle) |
| Pro Hac Vice Attorney Cory L. Turner for Alcoa Warrick LLC and Kaiser Aluminum Warrick, LLC 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. (mpb) |
| Pro Hac Vice Attorney Charles P. Edwards for Alcoa Warrick LLC and Kaiser Aluminum Warrick, LLC 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. (jdb) |
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SO ORDERED, re #53 STIPULATION TO EXTEND TIME to Respond to Complaint to April 26, 2023 filed by Warrick Real Estate LLC. Signed by Judge Gregory B. Williams on 4/13/23. (ntl)
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| Filing 54 MOTION for Reconsideration re #40 Letter, #39 Order on Motion to Transfer Case,, - filed by Gillespie & Powers, Inc.. (Attachments: #1 Rule 7.1.1 Statement, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Morgan, Michelle) |
| Filing 53 STIPULATION TO EXTEND TIME to Respond to Complaint to April 26, 2023 - filed by Warrick Real Estate LLC. (Goeller, Matthew) |
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SO ORDERED, re #49 STIPULATION and [Proposed] Order to Extend Time to Answer, Move to Dismiss, or Otherwise Respond to Kaiser Aluminum Warrick, LLC's Counterclaims filed by Gillespie & Powers, Inc. Signed by Judge Gregory B. Williams on 4/11/23. (ntl)
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| Filing 52 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent GP HoldCo, Inc. for Gillespie & Powers, Inc. filed by Gillespie & Powers, Inc.. (Morgan, Michelle) |
| Filing 51 NOTICE of Appearance by Daniel P. Klusman on behalf of Gillespie & Powers, Inc. (Klusman, Daniel) |
| Filing 50 NOTICE of Appearance by Michelle Morgan on behalf of Gillespie & Powers, Inc. (Morgan, Michelle) |
| Filing 49 STIPULATION and [Proposed] Order to Extend Time to Answer, Move to Dismiss, or Otherwise Respond to Kaiser Aluminum Warrick, LLC's Counterclaims re #44 Amended Answer to Complaint, Counterclaim by Gillespie & Powers, Inc.. (Morgan, Michelle) |
| Filing 48 Joint NOTICE of No Pending Matters Pursuant to L.R. 81.2 by Gillespie & Powers, Inc. (Morgan, Michelle) |
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SO ORDERED, re #47 MOTION for Pro Hac Vice Appearance of Attorney Cory L. Turner filed by Kaiser Aluminum Warrick, LLC, Alcoa Warrick LLC, #46 MOTION for Pro Hac Vice Appearance of Attorney Charles P. Edwards filed by Kaiser Aluminum Warrick, LLC, Alcoa Warrick LLC. Signed by Judge Gregory B. Williams on 4/6/23. (ntl)
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| Filing 47 MOTION for Pro Hac Vice Appearance of Attorney Cory L. Turner - filed by Alcoa Warrick LLC, Kaiser Aluminum Warrick, LLC. (Burton, William) |
| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Charles P. Edwards - filed by Alcoa Warrick LLC, Kaiser Aluminum Warrick, LLC. (Burton, William) |
| Filing 45 NOTICE of Appearance by Steven L. Caponi on behalf of Warrick Real Estate LLC (Caponi, Steven) |
| Filing 44 AMENDED ANSWER to #38 Answer to Complaint,, Counterclaim,, COUNTERCLAIM against Gillespie & Powers, Inc. by Kaiser Aluminum Warrick, LLC, Alcoa Warrick LLC. (Burton, William) |
| Filing 43 NOTICE of Appearance by William J. Burton on behalf of Alcoa Warrick LLC, Kaiser Aluminum Warrick, LLC (Burton, William) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (nms) |
| Filing 42 Local Counsel Letter sent. Notice of Compliance deadline set for 4/13/2023. (smg) |
| Filing 41 Record of case transferred in from District of Indiana Southern; Case Number in Other District: 3:22-cv-00020. Copy of Docket Sheet and original file |
| Filing 40 Transfer Letter to Clerk of the District of Delaware. Case transferred electronically to District of Delaware, on March 13, 2023. (JRB) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 39
ORDER ON DEFENDANTS' MOTION TO TRANSFER - The Agreement on which Gillespie's claims are based requires that this dispute be litigated in the courts in Wilmington, Delaware; more specifically, due to the diversity of the parties, transfer is GRANTED under 28 U.S.C. 1404(a) (Docket No. #13 ). The Court hereby directs the Clerk of Court to TRANSFER this matter to the United States District Court for the District of Delaware. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/13/23.(JRB) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 38 Alcoa Warrick LLC, n/k/a Kaiser Aluminum Warrick, LLC's ANSWER to Complaint , Afirmative Defenses and, COUNTERCLAIM to Plaintiff's Complaint against GILLESPIE & POWERS, INC., filed by KAISER ALUMINUM WARRICK, LLC, ALCOA WARRICK LLC.(Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 37 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Terrence L. Brookie hereby notifies the Clerk of the court of changed contact information. (Brookie, Terrence) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 36
ORDER granting #35 Motion to Withdraw Attorney Appearance. Attorney Spencer W. Tanner withdrawn. Joseph H. Langerak of the law firm of Stoll Keenon Ogden PLLC will continue to represent Defendant Warrick Real Estate, LLC. in this case. Signed by Magistrate Judge Matthew P. Brookman on 6/30/2022. (AAS) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 35 MOTION to Withdraw Attorney Appearance , filed by Defendant WARRICK REAL ESTATE LLC. (Attachments: #1 Text of Proposed Order)(Tanner, Spencer) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 34
ORDER granting #33 Motion to Withdraw Attorney Appearance. Attorney Benjamin J. Morrical withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 6/7/2022. (JRB) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 33 MOTION to Withdraw Attorney Appearance of Benjamin J. Morrical, filed by Plaintiff GILLESPIE & POWERS, INC.. (Attachments: #1 Text of Proposed Order Granting Withdrawal of Appearance)(Morrical, Benjamin) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 32 RESPONSE in Opposition re #31 MOTION for Leave to File Surreply in Opposition of Motion to Transfer , filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 31 MOTION for Leave to File Surreply in Opposition of Motion to Transfer, filed by Plaintiff GILLESPIE & POWERS, INC.. (Attachments: #1 Exhibit A - Surreply, #2 Text of Proposed Order)(Brookie, Terrence) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 30 REPLY in Support of Motion re #13 MOTION to Transfer Case Reply in Support of Defendant Alcoa Warrick LLC, N/K/A Kaiser Aluminum Warrick, LLC's Motion to Transfer, filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 29 NOTICE of Compliance, filed by Defendant WARRICK REAL ESTATE LLC, re #28 Order on Motion. (Attachments: #1 Exhibit Executed Surety Bond) (Tanner, Spencer) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 28
ORDER granting #21 Motion for Approval of Bond and to Discharge Lien - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 4/12/2022. (JRB) [Transferred from Indiana Southern on 3/14/2023.]
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Filing 27
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/12/2022. The TELEPHONIC INITIAL PRE-TRIAL CONFERENCE set for April 21, 2022 is VACATED. Defendant's Motion to Expedite Consideration of Defendant Warrick Real Estate, LLC's Motion for Approval of Bond and to Discharge Lien (Docket No. #22 ) is DENIED AS MOOT. Defendant's Motion for Approval of Bond and to Discharge Lien (Docket No. #21 ) will be granted by separate entry. Signed by Magistrate Judge Matthew P. Brookman. (TMB) [Transferred from Indiana Southern on 3/14/2023.]
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Filing 25
NOTICE AND ORDER - This matter is before the Court on Defendant's, Warrick Real Estate, LLC, Motion for Approval of Bond and to Discharge Lien filed on April 6, 2022. Docket No. #21 . Plaintiff, Gillespie & Powers, Inc., filed its Response in Opposition on April 7, 2022 Docket No. #24 . The Court therefore sets a TELEPHONIC STATUS CONFERENCE for APRIL 12, 2022 at 10:30 a.m., (CST) before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/11/2022.(AAS) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 24 RESPONSE in Opposition re #21 MOTION for Approval of Bond and to Discharge Lien , filed by Plaintiff GILLESPIE & POWERS, INC.. (Brookie, Terrence) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 23 RESPONSE in Opposition re #13 MOTION to Transfer Case , filed by Plaintiff GILLESPIE & POWERS, INC.. (Brookie, Terrence) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 22 MOTION for Emergency Hearing re #21 MOTION for Approval of Bond and to Discharge Lien , filed by Defendant WARRICK REAL ESTATE LLC. (Attachments: #1 Text of Proposed Order)(Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 21 MOTION for Approval of Bond and to Discharge Lien, filed by Defendant WARRICK REAL ESTATE LLC. (Attachments: #1 Exhibit proposed bond, #2 Text of Proposed Order)(Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 20
ORDER GRANTING #19 PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO TRANSFER - IT IS THEREFORE ORDERED that Plaintiff, Gillespie & Powers, Inc., shall have a 10- day extension of time from March 28, 2022, to and including April 7, 2022, within which to file its response to Alcoa Kaiser's Motion to Transfer. Signed by Magistrate Judge Matthew P. Brookman on 3/28/2022. (AAS) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 19 Unopposed MOTION for Extension of Time to File Response to April 7, 2022 re #13 MOTION to Transfer Case , filed by Plaintiff GILLESPIE & POWERS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brookie, Terrence) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 18
ORDER granting #17 Motion for Extension of Time - Defendant Warrick Real Estate LLC is granted an enlargement of time until to and including 14 days after the Court rules on Kaiser's Motion to Transfer, Dkt. #13 , to respond to Plaintiff's Complaint. Signed by Magistrate Judge Matthew P. Brookman on 3/16/2022. (AAS) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 17 Unopposed MOTION for Extension of Time to to 14 Days After Court Rules of Motion to Transfer , filed by Defendant WARRICK REAL ESTATE LLC. (Attachments: #1 Proposed Order)(Tanner, Spencer) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Respond to Plaintiff's Complaint - Alcoa Warrick LLC, n/k/a Kaiser Aluminum, LLC is granted an enlargement of time until to and including 14 days after the Court rules on Kaiser's Motion to Transfer, Dkt. #13 , to respond to Plaintiff's Complaint. Signed by Magistrate Judge Matthew P. Brookman on 3/14/2022. (AAS) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 15 Unopposed MOTION for Extension of Time to 14 Days After Court Rules of Motion to Transfer [Dkt. 13] , filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Attachments: #1 Text of Proposed Order)(Turner, Cory) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Transfer Case , filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Attachments: #1 Exhibit 1 - Affidavit of John M. Donnan)(Turner, Cory) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 13 MOTION to Transfer Case , filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Attachments: #1 Text of Proposed Order)(Turner, Cory) [Transferred from Indiana Southern on 3/14/2023.] |
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Filing 12
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 4/21/2022 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/2/2022.(JRB) [Transferred from Indiana Southern on 3/14/2023.]
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| Filing 11 NOTICE of Appearance by Spencer W. Tanner on behalf of Defendant WARRICK REAL ESTATE LLC. (Tanner, Spencer) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 10 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Turner, Cory) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 9 NOTICE OF EXTENSION OF TIME TO RESPOND TO COMPLAINT, filed by Defendant WARRICK REAL ESTATE LLC (Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 8 NOTICE Of Filing in State Court, filed by Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC (Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 7 NOTICE of Appearance by Cory Louis Turner on behalf of Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Turner, Cory) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 6 CONSENT TO REMOVAL by WARRICK REAL ESTATE LLC. (Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 5 Corporate Disclosure Statement by WARRICK REAL ESTATE LLC identifying Corporate Parent Alcoa USA Corp., Corporate Parent Warrick Newco, LLC, Corporate Parent Alcoa USA Holding Company, Corporate Parent Alcoa Corporation for WARRICK REAL ESTATE LLC.. (Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 4 NOTICE of Appearance by Joseph H. Langerak, IV on behalf of Defendant WARRICK REAL ESTATE LLC. (Langerak, Joseph) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 3 Corporate Disclosure Statement by ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 2 NOTICE of Appearance by Charles P. Edwards on behalf of Defendants ALCOA WARRICK LLC, KAISER ALUMINUM WARRICK, LLC. (Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
| Filing 1 NOTICE OF REMOVAL from Warrick County Superior 1, case number 87D01-2201-PL-000032, filed by KAISER ALUMINUM WARRICK, LLC, ALCOA WARRICK LLC. (Filing fee $402, receipt number AINSDC-6962296) (Attachments: #1 Exhibit A. State Court Record Part 1 of 2, #2 Exhibit A. State Court Record Part 2 of 2, #3 Civil Cover Sheet)(Edwards, Charles) [Transferred from Indiana Southern on 3/14/2023.] |
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