China Export & Credit Insurance Corp. et al v. Formetco, Inc.
| Shenzhen Absen Optoelectronic Co., Ltd., China Export & Credit Insurance Corp a/s/o Shenzhen Absen Optoelectronic Co., Ltd., Absen, Inc., Absen, Inc. and China Export & Credit Insurance Corp |
| Formetco, Inc. |
| 6:2019cv02329 |
| December 11, 2019 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Embry J Kidd |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 50
ORDER re #49. All of Plaintiffs' claims against Defendant and all of Defendant's counterclaims against Plaintiffs in the above-captioned action are DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to terminate any pending deadlines and close the file in this case. Signed by Judge Paul G. Byron on 8/6/2021. (JRR)
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| Filing 49 Joint STIPULATION of Voluntary Dismissal with Prejudice by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified text on 8/5/2021 (MEJ). |
| Case Stay Lifted. (MEJ) |
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Filing 48
ORDER DIRECTING the Clerk of Court to lift the stay. The Court will enter an Amended Case Management and Scheduling Order providing the parties with new deadlines and a new trial term. Signed by Judge Paul G. Byron on 8/3/2021. (GNB) ctp
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Filing 47
ENDORSED ORDER granting #46 Motion to Stay. This is the parties' fifth motion to extend the stay pending settlement proceedings. No further extensions will be granted. Signed by Judge Paul G. Byron on 7/26/2021. (JRR)
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| Filing 46 Joint MOTION to Stay PENDING SETTLEMENT PROCEEDINGS by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) |
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Filing 45
ENDORSED ORDER granting #44 Motion to Stay through July 21, 2021. Signed by Judge Paul G. Byron on 6/22/2021. (JRR)
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| Filing 44 Joint MOTION to Further Extend Stay Pending Settlement Proceedings by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified text on 6/22/2021 (MEJ). |
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Filing 43
ENDORSED ORDER granting #42 Motion to Stay through June 21, 2021. Signed by Judge Paul G. Byron on 5/24/2021. (JRR)
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| Filing 42 Joint MOTION to Further Extend Stay Pending Settlement Proceedings by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified on 5/24/2021 (RDO). |
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Filing 41
ENDORSED ORDER granting #40 Motion to Stay through May 21, 2021. Signed by Judge Paul G. Byron on 5/3/2021. (JRR)
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| Filing 40 Joint MOTION to Extend Stay Pending Settlement Proceedings by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd. (Carlton, Clay) Modified text on 4/30/2021 (MEJ). |
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Filing 39
ENDORSED ORDER granting #38 Motion to Stay for 60 days pending finalization of the parties' settlement in principle. Signed by Judge Paul G. Byron on 3/1/2021. (JRR)
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| Filing 38 Joint MOTION to Stay Pending Settlement Proceedings and Notice of Settlement Structure in Principle by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified on 3/1/2021 (MEJ). |
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Filing 37
ORDER granting #36 Defendant Formetco, Inc.'s Motion for Robert DeWitt Thomas to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 2/1/2021. (JLS)
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| Filing 36 MOTION for Robert DeWitt Thomas to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17825801 for $150 by Formetco, Inc.. (Denius, William) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 35 NOTICE OF RESCHEDULING HEARINGS: Final Pretrial Conference previously scheduled for 7/20/2021 is rescheduled for 8/17/2021 at 3:00 PM in Orlando Courtroom 4B before Judge Paul G. Byron. The Jury Trial previously scheduled for 8/2/2021 is rescheduled for 9/6/2021 at 9:00 AM in Orlando Courtroom 4B before Judge Paul G. Byron. (GNB) copies e-mailed |
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Filing 34
ENDORSED ORDER granting #33 Motion for Extension of Time. The Court will reset the final pretrial conference and trial term by separate notice. Signed by Judge Paul G. Byron on 12/2/2020. (JRR)
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| Filing 33 Joint MOTION for Extension of Time to Complete Discovery, Extend Expert Report, and Dispositive Motion Deadlines by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified text on 12/1/2020 (MEJ). |
| Filing 32 Answer and Affirmative Defenses re #31 Amended Counterclaims by Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Carlton, Clay) Modified text on 10/28/2020 (MEJ). |
| Filing 31 AMENDED Counterclaim to #13 Answer to Complaint/Counterclaim by Formetco, Inc. (Denius, William) Modified on docket text 10/14/2020 (MEJ). |
| Set/reset deadlines/hearings: Amended Counterclaim due by 10/15/2020 (MEJ) |
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Filing 30
ORDER granting #24 Defendant's Motion to Amend Defendant's Counterclaim to Conform with Defendant's Affirmative Defense. Defendant shall file its Amended Counterclaim as a separate docket entry on or before October 15, 2020. Plaintiffs shall have fourteen days from the date of the filing of the Amended Counterclaim to respond to it. Signed by Magistrate Judge Embry J. Kidd on 10/8/2020. (RMN)
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Filing 29
ENDORSED ORDER denying #27 Motion for Leave to File a Reply. Signed by Magistrate Judge Embry J. Kidd on 10/5/2020. (Kidd, Embry)
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| Filing 28 SUPPLEMENTAL Rule 3.01(g) Certification re #27 MOTION for Leave to File Reply to #26 RESPONSE in Opposition by William J. Denius on behalf of Formetco, Inc. (Denius, William) Modified docket text on 10/1/2020 (MEJ). |
| Filing 27 MOTION for Leave to File Reply to #26 RESPONSE in Opposition by All Defendants. (Denius, William) Modified event on 9/29/2020 (MEJ). |
| Filing 26 RESPONSE in Opposition re #24 MOTION to Amend #13 Answer to ComplaintCounterclaim to Conform with Defendant's Affirmative Defense filed by Absen, Inc., China Export & Credit Insurance Corp, Shenzhen Absen Optoelectronic Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carlton, Clay) |
| Filing 25 MEDIATION report Hearing held on September 14, 2020. Hearing outcome: The parties have reached an impasse.. (Grilli, Peter) |
| Filing 24 MOTION to Amend #13 Answer to ComplaintCounterclaim to Conform with Defendant's Affirmative Defense by Formetco, Inc.. (Denius, William) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 23 NOTICE of mediation conference/hearing to be held on September 8, 2020 before Peter Grilli. (Mazzola, Jean-Claude) |
| Filing 22 NOTICE of Appearance by Robert M. Brochin on behalf of Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd. (Brochin, Robert) |
| Filing 21 NOTICE of Appearance by Clay Matthew Carlton on behalf of Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd. (Carlton, Clay) |
| Filing 20 ANSWER to #13 Counterclaim by Absen, Inc.(Mazzola, Jean-Claude) Modified on 5/5/2020 (MEJ). |
| Filing 18 CASE REFERRED to Mediation (emailed mediator). (MEJ) |
| Filing 19 CASE REFERRED to Mediation. (MAA) |
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER. Discovery due by 2/1/2021, Dispositive motions due by 3/1/2021, Pretrial statement due by 6/18/2021, All other motions due by 6/25/2021, Final Pretrial Conference set for 7/20/2021 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 8/2/2021 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 2/15/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/10/2020. (GNB) copies e-mailed
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Filing 16
ENDORSED ORDER granting #15 Motion for Extension of Time to Answer Defendant's Counterclaim. Signed by Judge Paul G. Byron on 4/10/2020. (JRR)
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| Filing 15 First MOTION for Extension of Time to File Answer to Defendant's Counterclaim by All Plaintiffs. (Mazzola, Jean-Claude) |
| Filing 14 CASE MANAGEMENT REPORT. (Denius, William) |
| Filing 13 ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd. by Formetco, Inc..(Denius, William) |
| Filing 12 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Formetco, Inc.. Related case(s): no (Denius, William) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Formetco, Inc.. (Denius, William) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Absen, Inc., China Export & Credit Insurance Corp a/s/o Shenzhen Absen Optoelectronic Co., Ltd., Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. (Mazzola, Jean-Claude) |
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Filing 9
INTERESTED PERSONS ORDER. Defendant Formetco, Inc. shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 2/19/2020. (GNB) copies e-mailed
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| Set/reset deadlines/hearings: Answer due by 3/27/2020. (MEJ) |
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Filing 8
ENDORSED ORDER granting #5 Defendant's Agreed Motion to Extend Time to File Response to Plaintiffs' Complaint. Defendant shall respond to the Complaint on or before March 27, 2020. The parties are advised that the Court strongly disfavors requests for extension of time filed on the due date and will not grant further requests filed on the due date absent extraordinary circumstances. Signed by Magistrate Judge Embry J. Kidd on 2/12/2020. (RMN)
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| Filing 7 NOTICE of pendency of related cases re #3 (none) per Local Rule 1.04(d) by Absen, Inc., China Export & Credit Insurance Corp a/s/o Shenzhen Absen Optoelectronic Co., Ltd., Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd.. Related case(s): No (Mazzola, Jean-Claude) Modified on 2/12/2020 (MEJ). |
| Filing 6 WAIVER of service returned executed on 12/13/19 by China Export & Credit Insurance Corp a/s/o Shenzhen Absen Optoelectronic Co., Ltd., Absen, Inc., Absen, Inc., Shenzhen Absen Optoelectronic Co., Ltd. as to Formetco, Inc.. (Mazzola, Jean-Claude) |
| Filing 5 Agreed MOTION for Extension of Time to File response to Plaintiffs' Complaint by Formetco, Inc. (Denius, William) Modified on 2/12/2020 (MEJ). |
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Filing 4
INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 12/13/2019. (GNB) copies e-mailed
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 12/13/2019. (GNB) copies e-mailed
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| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:19-cv-2329-Orl-40EJK. (SJB) |
| Filing 1 COMPLAINT against Formetco, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-16241877) filed by All Plaintiffs.(Mazzola, Jean-Claude) |
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