Covoro Mining Solutions, LLC v. Westlake Chemicals & Vinyls, LLC
| Covoro Mining Solutions, LLC |
| Westlake Chemicals & Vinyls, LLC |
| 1:2023cv01362 |
| November 29, 2023 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice Attorneys Rey Flores, Todd W. Mensing, and Jarmonique Smith for Westlake Chemicals & Vinyls, 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) |
SO ORDERED, re #41 MOTION for Pro Hac Vice Appearance of Attorney Todd W. Mensing, Rey Flores, and Jarmonique Smith, filed by Westlake Chemicals & Vinyls, LLC. Signed by Judge Richard G. Andrews on 12/21/2023. (nms)
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| Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Todd W. Mensing, Rey Flores, and Jarmonique Smith - filed by Westlake Chemicals & Vinyls, LLC. (Silverstein, Alan) |
| Filing 40 Joint Statement Pursuant to Local Rule 81.2, by Covoro Mining Solutions, LLC. (Waskie, Adam) Modified on 12/20/2023 (nms). |
| Filing 39 REDACTED VERSION of #1 Complaint for Declaratory Judgment, by Covoro Mining Solutions, LLC. (Attachments: #1 Exhibits A-O, #2 Civil Cover Sheet, #3 Summons)(Uebler, Thomas) Modified on 12/19/2023 (nms). |
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Filing 38
ORAL ORDER: A joint statement pursuant to Local Rule 81.2 is due no later than three (3) days from date of this Order. Ordered by Judge Richard G. Andrews on 12/19/2023. (nms)
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| Filing 37 NOTICE of Appearance by Arthur G. Connolly, III on behalf of Westlake Chemicals & Vinyls, LLC (Connolly, Arthur) |
| DEFICIENCY NOTICE by the Court issued to Covoro Mining Solutions, LLC re #35 Redacted Document. Upon review it was determined this filing is not an accurate version of what was filed at D.I. #1 . For example, the redaction at D.I. #35 reflects the sealed filing was 87 pages in length, but the sealed filing at D.I. #1 was 72 pages in length. Plaintiff is to file a revised redacted version no later than three (3) days from the date of this notice. (nms) |
| Filing 36 REDACTED VERSION of #12 Motion to Transfer Venue, by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3, #6 Exhibit A-4, #7 Exhibit A-5, #8 Exhibit A-6, #9 Exhibit A-7, #10 Exhibit A-8, #11 Exhibit A-9, #12 Exhibit A-10, #13 Exhibit A-11, #14 Exhibit A-12, #15 Exhibit A-13, #16 Exhibit A-14, #17 Exhibit A-15, #18 Exhibit A-16, #19 Exhibit A-17, #20 Exhibit A-18, #21 Declaration, #22 Exhibit B-1, #23 Exhibit B-2)(Silverstein, Alan) Modified on 12/18/2023 (nms). |
| Filing 35 REDACTED VERSION of #1 Complaint for Declaratory Judgment, by Covoro Mining Solutions, LLC. (Attachments: #1 Exhibits A-G, #2 Exhibits H-O)(Uebler, Thomas) Modified on 12/15/2023 (nms). |
| Filing 34 NOTICE of Appearance by Alan Richard Silverstein on behalf of Westlake Chemicals & Vinyls, LLC (Silverstein, Alan) |
| Filing 33 REPLY Brief re #11 MOTION to Dismiss, filed by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Proposed Order)(Connolly, Arthur) Modified on 12/13/2023 (nms). |
| Filing 32 Certificate of Service for Memorandum in Opposition (D.I. #29 ), by Covoro Mining Solutions, LLC. (Uebler, Thomas) Modified on 12/8/2023 (nms). |
| CORRECTING ENTRY: The Certificate of Service filed at D.I. 32 on 12/7/2023, has been removed from the docket as the filing was incompletely formatted. The filing lacked a proper case caption. Counsel is to refile the certificate accordingly. (nms) |
| DEFICIENCY NOTICE by the Court issued to Covoro Mining Solutions, LLC re #29 Memorandum in Opposition. Upon review it was determined this filing does not comply with Local Rule 5.2(b)(1). Plaintiff is requested to file a certificate of service for the filing. (nms) |
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Filing 31
ORAL ORDER: Docket Items #21 , #23 , #24 , and #29 are UNSEALED. The parties are to submit redacted versions of D.I. #1 , #12 and its attachments by December 15, 2023. The Unopposed motion (D.I. #30 ) is DENIED. Ordered by Judge Richard G. Andrews on 12/6/2023. (nms)
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| Filing 30 UNOPPOSED Motion for Leave to File Memorandum in Opposition to Motion to Dismiss Under Seal - filed by Covoro Mining Solutions, LLC. (Attachments: #1 7.1.1 Certification, #2 Proposed Order)(Uebler, Thomas) Modified on 12/6/2023 (nms). |
| Filing 29 MEMORANDUM in Opposition re #11 MOTION to Dismiss, filed by Covoro Mining Solutions, LLC.Reply Brief due date per Local Rules is 12/13/2023. (Uebler, Thomas) Modified on 12/6/2023 (nms). |
| CORRECTING ENTRY: The Notice of Appearance filed at D.I. 28 has been removed from the docket as the filing was duplicative of the notice filed at D.I. #27 . (nms) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 27 NOTICE of Appearance by Thomas A. Uebler and Adam J. Waskie on behalf of Covoro Mining Solutions, LLC (Uebler, Thomas) Modified on 12/6/2023 (nms). |
| Filing 26 Local Counsel Letter sent. Notice of Compliance deadline set for 12/29/2023. (vfm) |
| Filing 25 Record of case transferred in from District of Tennessee Western; Case Number in Other District: 2:23-cv-02647. Copy of Docket Sheet and original file |
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Filing 24
ORDER GRANTING SEALED MOTION (ECF No. 12.) Signed by Judge Thomas L. Parker on 11/28/2023. (ach) [Transferred from Tennessee Western on 11/29/2023.]
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| Filing 23 SEALED RESPONSE to Motion re #12 SEALED MOTION Proposed order submitted filed by Covoro Mining Solutions, LLC. (Miller, Robert) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 22 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #21 Sealed Response to Motion filed by Covoro Mining Solutions, LLC has been filed. However, the following deficiency has been found: the CM/ECF user login name does not match the electronic signature on the pleading. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 21 SEALED RESPONSE to #12 SEALED MOTION filed by Covoro Mining Solutions, LLC. (Mischke, Philip) Corrected motion responded to on 11/22/2023 (cbs). [Transferred from Tennessee Western on 11/29/2023.] |
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Filing 20
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 11/20/2023. (ach) [Transferred from Tennessee Western on 11/29/2023.]
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Filing 19
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 11/20/2023. (ach) [Transferred from Tennessee Western on 11/29/2023.]
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Filing 18
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 11/20/2023. (ach) [Transferred from Tennessee Western on 11/29/2023.]
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| Filing 17 Corporate Disclosure Statement by Westlake Chemicals & Vinyls, LLC identifying Corporate Parent Westlake Corporation, Other Affiliate TTWF LP, Other Affiliate TTWFGP LLC for Westlake Chemicals & Vinyls, LLC.. (Halijan, Douglas) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-4283180) by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Smith, Jarmonique) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number BTNWDC-4283173) by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flores, Reies) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-4283159) by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mensing, Todd) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 13 Corporate Disclosure Statement by Covoro Mining Solutions, LLC. (Mischke, Philip) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 12 SEALED MOTION Proposed order submitted by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Declaration, #22 Exhibit, #23 Exhibit)(Halijan, Douglas) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Memorandum)(Halijan, Douglas) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 10 NOTICE of Appearance by Nicole Diane Blanchard on behalf of Westlake Chemicals & Vinyls, LLC (Blanchard, Nicole) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 9 NOTICE of Appearance by Douglas F. Halijan on behalf of Westlake Chemicals & Vinyls, LLC (Halijan, Douglas) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 8 SUMMONS Returned Executed by Covoro Mining Solutions, LLC as to Westlake Chemicals & Vinyls, LLC. (Attachments: #1 Exhibit A.)(Mischke, Philip) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 7 NOTICE of Appearance by Robert F. Miller on behalf of Covoro Mining Solutions, LLC (Miller, Robert) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 6 Summons Issued as to Westlake Chemicals & Vinyls, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 3 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) [Transferred from Tennessee Western on 11/29/2023.] |
| Filing 1 COMPLAINT for Declaratory Judgment against Westlake Chemicals & Vinyls, LLC (Filing fee $ 402 receipt number ATNWDC-4255148), filed by Covoro Mining Solutions, LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Summons)(Mischke, Philip) Complaint and exhibit sealed at request of filer on 10/19/2023 (cbs). [Transferred from Tennessee Western on 11/29/2023.] |
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