SCHINDLER ELEVATOR CORPORATION v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
| SCHINDLER ELEVATOR CORPORATION |
| WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY |
| SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation |
| KONE INC. |
| 1:2020cv03157 |
| October 30, 2020 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Constitutional - State Statute |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 MEMORANDUM OPINION: denying #4 Motion for TRO; denying #4 Motion for Preliminary Injunction; and sua sponte dismissing case for lack of jurisdiction. See document for details. Signed by Judge Rudolph Contreras on 12/23/2020. (lcrc2) |
Filing 29
ORDER denying #4 Motion for TRO; denying #4 Motion for Preliminary Injunction; and sua sponte dismissing case for lack of jurisdiction. See document for details. Signed by Judge Rudolph Contreras on 12/23/2020. (lcrc2)
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| Filing 28 MOTION to Strike #27 Response to Document, #26 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (This document is SEALED and only available to authorized persons.) by SCHINDLER ELEVATOR CORPORATION (Attachments: #1 Text of Proposed Order Proposed Order)(Prosen, Lawrence) |
| Filing 27 RESPONSE re #25 Memorandum Response to Plaintiff Schindler Elevator Corporations (Schindler) Memorandum to the Court Regarding Schindlers Pending Motion filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Barnes, Attison) |
| Filing 26 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Text of Proposed Order, #3 Response to Plaintiff's Memo in Further Support of TRO/PI Motion)(Barnes, Attison) |
| Filing 25 RESPONSE TO ORDER OF THE COURT by SCHINDLER ELEVATOR CORPORATION. (Prosen, Lawrence) Modified event title on 12/15/2020 (znmw). |
| Filing 24 SUPPLEMENTAL MEMORANDUM to re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by SCHINDLER ELEVATOR CORPORATION. (Prosen, Lawrence) |
| Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 12/10/2020 re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by SCHINDLER ELEVATOR CORPORATION. Oral argument heard, and the court takes the motion under advisement. (Court Reporter: Bryan Waye) (tj) |
| Filing 23 NOTICE of Appearance by Moshe Broder on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Broder, Moshe) |
| Filing 22 REPLY to opposition to motion re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by SCHINDLER ELEVATOR CORPORATION. (Attachments: #1 Exhibit Exhibit A - Declaration of Melanie DeMattia, #2 Exhibit Exhibit B - Declaration of Lawrence Prosen, #3 Exhibit Exhibit C - Email to A. Barnes, #4 Exhibit Exhibit D - 2020.12.03 Escalator Service Outages WMATA)(Prosen, Lawrence) |
| Filing 21 SEALED REPLY TO OPPOSITION filed by SCHINDLER ELEVATOR CORPORATION re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction (This document is SEALED and only available to authorized persons.)(Prosen, Lawrence) |
| Filing 20 REPLY to opposition to motion re #3 MOTION to Expedite Discovery filed by SCHINDLER ELEVATOR CORPORATION. (Attachments: #1 Exhibit Exhibit A - Proposed Discovery)(Prosen, Lawrence) |
| Filing 19 SEALED DOCUMENT filed by SCHINDLER ELEVATOR CORPORATION re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction, #13 Order on Motion for Protective Order (This document is SEALED and only available to authorized persons.)(Prosen, Lawrence) |
| Filing 18 SEALED DOCUMENT filed by SCHINDLER ELEVATOR CORPORATION re #13 Order on Motion for Protective Order, #1 Complaint,,,,, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Exhibit 1 Affidavit of Gregory Kenderdine, #2 Exhibit Exhibit 5 SEC 2020-05-06 Proposal (Vols 1 and 2), #3 Exhibit Exhibit 6 WMATA 2020-06-18 Clarification Letter, #4 Exhibit Exhibit 8 SEC 2020-06-23 Response to WMATA Clarification Letter, #5 Exhibit Exhibit 13 WMATA 2020-08-31 Email Concluding Debriefing, #6 Exhibit Exhibit 14 SEC 2020-09-11 First Supplemental Protest, #7 Exhibit Exhibit 15 WMATA 2020-10-02 COFD)(Prosen, Lawrence) |
| Filing 17 Memorandum in opposition to re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction, #3 MOTION to Expedite Discovery filed by KONE INC.. (Gorton, Lyndsay) |
| Filing 16 Memorandum in opposition to re #3 MOTION to Expedite Discovery filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Attachments: #1 Text of Proposed Order)(Barnes, Attison) |
| Filing 15 Memorandum in opposition to re #4 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction (Redacted Version) filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (Redacted), #3 Exhibit 2, #4 Exhibit 3)(Barnes, Attison) |
| Filing 14 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit WMATA Opposition to Schindler Motion for TRO/PI, #4 Exhibit Exhibit 1 to WMATA Opposition)(Lee, Samantha) |
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Filing 13
PROTECTIVE ORDER: See document for details. Signed by Judge Rudolph Contreras on 11/24/2020. (lcrc2)
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| Filing 12 Consent MOTION for Protective Order with Points and Authorities by KONE INC., SCHINDLER ELEVATOR CORPORATION (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Prosen, Lawrence) |
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MINUTE ORDER granting #11 Unopposed Motion to Intervene. Under Rule 24(a), a party seeking to intervene as a matter of right must establish "(1) the application to intervene must be timely; (2) the applicant must demonstrate a legally protected interest in the action; (3) the action must threaten to impair that interest; and (4) no party to the action can be an adequate representative of the applicant's interests." Karsner v. Lothian, 532 F.3d 876, 885 (D.C. Cir. 2008) (internal quotation marks omitted). The Court finds that KONE, Inc. ("KONE") has satisfied all four requirements to intervene as a matter of right. Further, "a party seeking to intervene as of right must demonstrate that it has standing under Article III of the Constitution." Fund for Animals, Inc. v. Norton, 322 F. 3d 728, 73132 (D.C. Cir. 2003). The Court finds that KONE has also demonstrated the it meets the conditions for Article III standing. It is hereby ORDERED that KONE's motion to intervene is GRANTED. It is FURTHER ORDERED that the caption in this case is amended to reflect the same. It is FURTHER ORDERED that if KONE wishes to file an opposition to #4 Plaintiff's motion for temporary restraining order and preliminary injunction and an opposition to #3 Plaintiff's motion for expedited discovery, it shall do so on or before November 24, 2020. It is FURTHER ORDERED that KONE's response to Plaintiff's Complaint shall be due on the same date as Defendant Washington Metropolitan Area Transit Authority's response. SO ORDERED. Signed by Judge Rudolph Contreras on 11/18/2020. (lcrc2)
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| Filing 11 Unopposed MOTION to Intervene by KONE INC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit KONE Inc. Rule 26.1 Disclosure)(Gorton, Lyndsay) |
| Filing 10 NOTICE of Appearance by Samantha S. Lee on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Lee, Samantha) |
| Filing 9 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Barnes, Attison) |
| Filing 8 NOTICE of Appearance by Attison L. Barnes, III on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Barnes, Attison) |
| Filing 7 Joint MOTION for Briefing Schedule with Points and Authority by SCHINDLER ELEVATOR CORPORATION (Attachments: #1 Text of Proposed Order Proposed Order)(Prosen, Lawrence) |
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MINUTE ORDER granting #7 Motion for Briefing Schedule. It is hereby ORDERED that: Defendant shall file any Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction or Plaintiff's Motion for Expedited Discovery on or before November 24, 2020; Plaintiff shall file its Reply in Support of its Motion for Temporary Restraining Order and Preliminary Injunction or its Motion for Expedited Discovery on or before December 3, 2020; Oral Argument shall be heard on December 10, 2020 at 11:00 am; and Defendant's responsive pleadings to Plaintiff's Complaint are extended until seven days after the Court enters its order ruling on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. It is FURTHER ORDERED that the Court is uncertain of its subject matter jurisdiction and would like the parties to address this issue in its pleadings. SO ORDERED. Signed by Judge Rudolph Contreras on 11/12/2020. (lcrc2)
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| Set/Reset Hearings: Motion Hearing set for 12/10/2020 at 11:00 AM before Judge Rudolph Contreras. (tj) |
| Set/Reset Deadlines: Responses due by 11/24/2020; Replies due by 12/3/2020. (tj) |
| Filing 6 SUMMONS (1) Issued Electronically as to WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Rudolph Contreras. (adh, ) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation (Prosen, Lawrence) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation (Attachments: #1 Memorandum in Support Memo ISO Temporary Restraining Order and Preliminary Injunction, #2 Text of Proposed Order Proposed Order)(Prosen, Lawrence). Added MOTION for Preliminary Injunction on 11/3/2020 (znmw). |
| Filing 3 MOTION to Expedite Discovery by SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation (Attachments: #1 Memorandum in Support Memo ISO Motion for Expedited Discovery, #2 Text of Proposed Order Proposed Order)(Prosen, Lawrence) |
| Filing 2 MOTION for Protective Order by SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation (Attachments: #1 Memorandum in Support Memo ISO Protective Order, #2 Text of Proposed Order Proposed Order)(Prosen, Lawrence) |
| Filing 1 COMPLAINT against WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7781465) filed by SCHINDLER ELEVATOR CORPORATION, a New Jersey Corporation. (Attachments: #1 Exhibit Exhibit 1- Affidavit of Gregory Kenderdine, #2 Exhibit Exhibit 2 - WMATA's Compact, #3 Exhibit Exhibit 3- WMATA's Procurement Procedures Manual, #4 Exhibit Exhibit 4- WMATA Solicitation (Vol 1 of 5 & Amend. 4), #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7- WMATA 2020-06-22 E-mail Extending Response Deadline, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9- WMATA 2020-08-05 Notice Disqualifying SEC, #10 Exhibit Exhibit 10- SEC 2020-08-07 Request for Debriefing, #11 Exhibit Exhibit 11- SEC 2020-08-19 Initial Protest (RFP No. F20064_CDS), #12 Exhibit Exhibit 11- SEC 2020-08-19 Initial Protest (RFP No. F20064_CDS), #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14- SEC 2020-09-11 First Supplemental Protest (RFP F20064_CDS), #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16- WMATA 2020-10-14 Notice of Award to Kone, Inc., #17 Exhibit Exhibit 17- SEC 2020-10-22 Notice of Appeal from CO's Final Decision, #18 Exhibit Exhibit 17- SEC 2020-10-22 Notice of Appeal from CO's Final Decision, #19 Civil Cover Sheet Civil Cover Sheet, #20 Summons Summons, #21 Memorandum in Support Memorandum to Clerk)(Prosen, Lawrence) |
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