Kevin Brnich Electric LLC et al v. Siemens Industry, Inc.
| Kevin Brnich Electric LLC, Performance Electric, Inc., Artistic Electric Inc., Bolt Electric LLC, Charles Vodicka, Nels Gordon, Patrick Cates, Bryan Butakis, NATIONAL SENTRY SECURITY SYSTEMS, INC., TYLER BARRETTE, Clifford Oakley, ELECTRICALIFORNIA and RICK KEYSER |
| Siemens Industry, Inc. |
| 1:2022cv01229 |
| March 29, 2022 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Tort Product Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 71 NOTICE of Appearance by Kaitlin Ann Carreno on behalf of Siemens Industry, Inc. (Carreno, Kaitlin) |
| APPROVAL by Clerks Office re: #70 APPLICATION for Admission of Helen Ogunyanwo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12849538). Attorney Helen Ogunyanwo added appearing on behalf of Siemens Industry, Inc. E-filing access may be requested after an order granting the application is entered. (djs) |
MINUTE ORDER Granting #70 Application for Admission Pro Hac Vice of Helen Ogunyanwo by CRD at the direction of the Clerk. Approved by Judge Mark H. Cohen on 8/31/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| Filing 70 APPLICATION for Admission of Helen Ogunyanwo Pro Hac Vice.by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #69 APPLICATION for Admission of Helen Ogunyanwo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12849538) to attorney for correction. Reason for return: The bar number listed for local counsel is not correct on the application. It is listed as 618207. Please correct and resubmit. (rvb) |
| Filing 69 APPLICATION for Admission of Helen Ogunyanwo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12849538).by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
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MINUTE ORDER Granting #68 Application for Admission Pro Hac Vice of Madelyn Petersen by CRD at the direction of the Clerk. Approved by Judge Mark H. Cohen on 8/29/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #68 APPLICATION for Admission of Madelyn Petersen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12831380). Attorney Madelyn Petersen added appearing on behalf of Kevin Brnich Electric LLC. E-filing access may be requested after an order granting the application is entered. (rvb) |
| Filing 68 APPLICATION for Admission of Madelyn Petersen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12831380).by Kevin Brnich Electric LLC. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Submission of #52 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiffs' Consolidated Class Action Complaint to District Judge Mark H. Cohen. (lme) |
| Filing 67 REPLY to Response to Motion re #52 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiffs' Consolidated Class Action Complaint (Siemens' Reply in Support of Its Amended Motion to Dismiss Counts II, III, IV, V and VII of Plaintiffs' Consolidated Class Action Complaint) filed by Siemens Industry, Inc.. (Mohr, Stacey) |
| Filing 66 CERTIFICATE OF SERVICE by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka.(Van Horn, Charles) |
| Filing 65 CERTIFICATE OF SERVICE of Discovery [Siemens' Initial Disclosures] by Siemens Industry, Inc..(Mohr, Stacey) |
| Filing 64 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Kafka, Eric) |
| Filing 63 CERTIFICATE OF SERVICE of Discovery by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka.(Van Horn, Charles) |
| Filing 62 CERTIFICATE OF SERVICE of Discovery by Siemens Industry, Inc..(Mohr, Stacey) |
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Filing 61
ORDER: Upon review of Plaintiffs' Motion for Substitution of Interim Co-Lead Counsel and for good cause shown, this Court hereby GRANTS the Motion. Eric Kafka is appointed Interim Co-Lead Counsel. Mr. Kafka is substituted for Victoria S. Nugent, and she is relieved of her obligations as Co-Lead Counsel. Victoria S. Nugent is terminated from the docket and will no longer receive CM/ECF filing notifications in this matter. Signed by Judge Mark H. Cohen on 8/1/2023. (tmf)
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| Filing 60 Unopposed MOTION to Appoint Lead Counsel to Substitute Eric Kafka for Victoria Nugent with Brief In Support by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc.. (Attachments: #1 Brief, #2 Affidavit Declaration of Eric Kafka, #3 Exhibit A - Resume of Eric Kafka, #4 Text of Proposed Order)(Kafka, Eric) |
| Filing 59 RESPONSE in Opposition re #52 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiffs' Consolidated Class Action Complaint filed by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Gudmundson, Brian) |
| Filing 58 CERTIFICATE OF SERVICE of Discovery by Siemens Industry, Inc..(Mohr, Stacey) |
| APPROVAL by Clerks Office re: #57 APPLICATION for Admission of Eric Kafka Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12716415). Attorney Eric Kafka added appearing on behalf of Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. E-filing access may be requested after an order granting the application is entered. (rvb) |
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MINUTE ORDER Granting #57 Application for Admission Pro Hac Vice of Eric Kafka by CRD at the direction of the Clerk. Approved by Judge Mark H. Cohen on 7/10/23. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| Filing 57 APPLICATION for Admission of Eric Kafka Pro Hac Vice.by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #56 APPLICATION for Admission of Eric Kafka Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12716415) to attorney for correction. Reason for return: Applicant must list each party he is representing on the application. (rvb) |
| Filing 56 APPLICATION for Admission of Eric Kafka Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12716415).by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 55 CERTIFICATE OF SERVICE of Discovery by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka.(Van Horn, Charles) |
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Filing 54
ORDER: Having considered the parties Joint Motion to Extend Briefing Schedule (ECF No. #53 ), for good cause shown and all Parties consenting hereto, it is hereby ORDERED that the deadline for Plaintiffs to file their opposition to Siemens Industry, Inc.'s amended motion to dismiss is extended from July 5, 2023, to July 19,2023. It is FURTHER ORDERED that the deadline for Siemens to file its reply in support of its amended motion to dismiss is extended to August 16, 2023. Signed by Judge Mark H. Cohen on 6/28/2023. (tmf)
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| Filing 53 Joint MOTION for Extension of Time to File Response to Amended Motion to Dismiss and to File Reply in Support of Amended Motion to Dismiss re: #52 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiffs' Consolidated Class Action Complaint by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Attachments: #1 Text of Proposed Order)(Gudmundson, Brian) |
| Filing 52 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiffs' Consolidated Class Action Complaint with Brief In Support by Siemens Industry, Inc.. (Attachments: #1 Exhibit A - Grounds for Dismissal Chart, #2 Exhibit B - State Statute Chart, #3 Exhibit C - State Law Comparison Chart)(Mohr, Stacey) |
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Filing 51
ORDER granting #50 Motion for Leave to File Excess Pages. Defendant may file an amended motion to dismiss, not to exceed forty (40) pages; b. Plaintiffs may file an opposition to Defendant's amended motion to dismiss, not to exceed forty-five (45) pages; and c. Defendant may file a reply in support of its amended motion to dismiss, not to exceed twenty-five (25) pages. Signed by Judge Mark H. Cohen on 6/15/2023. (tmf)
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| Filing 50 Joint MOTION for Leave to File Excess Pages by Siemens Industry, Inc.. (Attachments: #1 Text of Proposed Order)(Mohr, Stacey) |
| Filing 49 ANSWER to #40 Amended Complaint by Siemens Industry, Inc.. Discovery ends on 10/30/2023.(Mohr, Stacey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 48
ORDER: It is hereby ORDERED that Defendant Siemens Industry, Inc.'s Motion to Dismiss [Doc. #43 ] is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Count VI, which is DISMISSED WITH PREJUDICE, and as to Counts I, VIII, IX, X, XIV, XV, and XVI, which are DISMISSED WITHOUT PREJUDICE. The Motion is DENIED as to Counts XI, XII and XIII. As to Counts II, III, IV, V, and VII, the Motion is DENIED WITHOUT PREJUDICE for failure to adequately address the choice of law issues in this case. However, Siemens may file an amended motion to dismiss within thirty (30) days of the date of this Order with respect to Counts II-V and VII, addressing both the choice of law issue and the substantive claims for each Plaintiff. Signed by Judge Mark H. Cohen on 5/18/2023. (tmf)
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MINUTE ORDER Granting #47 Application for Admission Pro Hac Vice of Bonner Charles Walsh by CRD at the direction of the Clerk. Approved by Judge Mark H. Cohen on 2/7/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #47 APPLICATION for Admission of Bonner Charles Walsh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12363203).. Attorney Bonner Charles Walsh added appearing on behalf of Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Siemens Industry, Inc., Charles Vodicka (kkh) |
| Filing 47 APPLICATION for Admission of Bonner Charles Walsh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12363203).by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 46 REPLY to Response to Motion re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Reply Memorandum in Further Support of Motion to Dismiss Consolidated Class Action Complaint) filed by Siemens Industry, Inc.. (Mohr, Stacey) |
| Filing 45 RESPONSE in Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Artistic Electric Inc., TYLER BARRETTE, Bolt Electric LLC, Bryan Butakis, Patrick Cates, ELECTRICALIFORNIA, Nels Gordon, RICK KEYSER, Kevin Brnich Electric LLC, NATIONAL SENTRY SECURITY SYSTEMS, INC., Clifford Oakley, Performance Electric, Inc., Charles Vodicka. (Gudmundson, Brian) |
| Submission of #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Mark H. Cohen. (lme) |
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Minute Order Granting #44 Application for Admission Pro Hac Vice of Daniel C. Hedlund by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 9/28/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #44 APPLICATION for Admission of Daniel C. Hedlund Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12079647). Attorney Daniel C. Hedlund added appearing on behalf of TYLER BARRETTE, RICK KEYSER, NATIONAL SENTRY SECURITY SYSTEMS, INC. (cdg) |
| Filing 44 APPLICATION for Admission of Daniel C. Hedlund Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12079647).by Kevin Brnich Electric LLC. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Siemens Industry, Inc.. (Attachments: #1 Appendix (Grounds for Dismissal), #2 Exhibit 1 (Standard Limited Warranty))(Mohr, Stacey) |
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Filing 42
ORDER consolidating case 1:22-cv-3043 with 1:22-cv-1229. The action shall proceed under case No. l:22-cv-01229. Signed by Judge Mark H. Cohen on 9/8/2022. (dob)
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| Filing 41 Notice for Leave of Absence for the following date(s): 09/12/22, 09/13/22, 09/14/22, 09/15/22, 09/16/22, by Charles Hale Van Horn. (Van Horn, Charles) |
| Filing 40 AMENDED COMPLAINT (Consolidated Class Action Complaint) against Siemens Industry, Inc.with Jury Demand filed by Performance Electric, Inc., Nels Gordon, Patrick Cates, Bryan Butakis, Bolt Electric LLC, Kevin Brnich Electric LLC, Charles Vodicka, Artistic Electric Inc., NATIONAL SENTRY SECURITY SYSTEMS, INC., TYLER BARRETTE, Clifford Oakley, ELECTRICALIFORNIA, RICK KEYSER.(Gudmundson, Brian) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 39
ORDER granting #37 Motion to Withdraw as Attorney. Attorney Lori G. Kier terminated. Signed by Judge Mark H. Cohen on 7/20/2022. (tmf)
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Filing 38
ORDER: Having considered the foregoing Joint Stipulation for Deadlines Related to the Consolidated Pleadings, for good cause shown and all Parties consenting hereto, the Court hereby GRANTS the Joint Stipulation, and orders the following: a. Defendant's motion to dismiss for failure to state a claim, ECF No. #26 , is denied as moot; b. Plaintiffs will file a consolidated complaint within two weeks of this Order; c. Defendant will file a motion to dismiss, not to exceed 45 pages, within 45 days of the date on which Plaintiffs file their consolidated complaint; d. Plaintiffs will file an opposition to Defendant's motion to dismiss, not to exceed 45 pages, within 30 days of the date on which Defendant files its motion to dismiss; and e. Defendant will file a reply in support of its motion to dismiss, not to exceed 30 pages, within 30 days of the date on which Plaintiffs file their opposition to Defendant's motion to dismiss. Signed by Judge Mark H. Cohen on 7/19/2022. (tmf)
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| Filing 37 MOTION to Withdraw Lori G. Kier by Bryan Butakis, Patrick Cates, Nels Gordon of Withdrawal of Lori G. Kier as Counsel for Plaintiffs (Webb, Edward) Modified on 7/18/2022 to edit event to match filed pleading(tmf). |
| Notification of Docket Correction re #37 MOTION to Withdraw Lori G. Kier by Bryan Butakis, Patrick Cates, Nels Gordon of Withdrawal of Lori G. Kier as Counsel for Plaintiffs (Webb, Edward) Modified on 7/18/2022 to edit event to match filed pleading(tmf) (tmf) |
| Submission of #26 MOTION to Dismiss for Failure to State A Claim to District Judge Mark H. Cohen. (lme) |
| Filing 36 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Lori G. Kier. Clerk to follow-up by 7/22/2022. (gas) |
| Filing 35 STIPULATION Regarding Deadlines Related to the Consolidated Pleadings by Artistic Electric Inc., Bolt Electric LLC, Bryan Butakis, Patrick Cates, Nels Gordon, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Attachments: #1 Text of Proposed Order)(Gudmundson, Brian) |
| Filing 34 APPLICATION for Admission of Joseph G. Sauder Pro Hac Vice by Bryan Butakis, Patrick Cates, Nels Gordon.Filing Fee received $150.00, Receipt #AGANDC-11850036. (originally filed in 1:22-cv-01914-MHC on 6/7/2022, approved by the clerk's office on 6/9/2022 in 1:22-cv-01914-MHC) (tmf) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 33 APPLICATION for Admission of Matthew Schelkopf Pro Hac Vice by Bryan Butakis, Patrick Cates, Nels Gordon.Filing Fee received $150.00, Receipt #AGANDC-11842632. (originally filed in 1:22-cv-01914-MHC on 6/2/2022, approved by the clerk's office on 6/3/2022 in 1:22-cv-01914-MHC) (tmf) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 32 APPLICATION for Admission of Joseph Kenney Pro Hac Vice by Bryan Butakis, Patrick Cates, Nels Gordon.Filing Fee received $150.00, Receipt #AGANDC-11842623. (originally filed in 1:22-cv-01914-MHC on 6/2/2022, approved by the clerk's office on 6/3/2022 in 1:22-cv-01914-MHC) (tmf) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 31 CLASS ACTION COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-11802093) filed by Nels Gordon, Patrick Cates, Bryan Butakis. (originally filed in 1:22-cv-01914-MHC on 5/13/2022)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 6/24/2022 to edit text(tmf). |
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Filing 30
ORDER: On June 2, 2022, Plaintiffs in this case moved for consolidation of the actions with the related case Gates, etal. v. Siemens Industry, Inc. No. l:22-cv-01914- MHC (N.D. Ga. May 13, 2022), and for appointment of interim leadership counsel. It appearing that the related cases share common questions of law and fact and that consolidation will avoid expense and delay, and having considered the criteria set forth in Fed. R. Civ. P. 42fa^ and 23(g) and in the Manual for Complex Litigation(4th ed. 2004) (the "Manual"), the Court hereby GRANTS the Motion, and orders the following: 1. Gates, et al. v. Siemens Industry, Inc., No. 1:22-cv-01914-MHC (N.D. Ga. May 13, 2022) is hereby consolidated with Kevin Brnich Electric LLC, et al. v. Siemens Industry, Inc., No. 1 :22-cv-01229-MHC (N.D. Ga. Mar. 29, 2022) and shall proceed under case No. l:22-cv-01229. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE Case No. l:22-cv-01914. 2. Interim Co-Lead Counsel are appointed as follows: Brian C. Gudmundson, Zimmerman Reed LLP; and Victoria Nugent, Cohen Milstein Sellers & Toll PLLC. 3. Duties of Interim Co-Lead Counsel: Co-Lead Counsel shall have the following responsibilities: See document for specifics. 4. Liaison Counsel is appointed as follows: Charles Van Horn, Berman Fink Van Horn P.C. 5. Plaintiffs' Executive Committee members are appointed as follows: David Goodwin of Gustafson Gluek, PLLP; and Matthew D. Schelkopf, Sauder Schelkopf LLC. Signed by Judge Mark H. Cohen on 6/24/2022. (tmf)
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Minute Order granting #32 , #33 , and #34 Applications for Admission Pro Hac Vice of Joseph Kenney, Matthew Schelkopf, and Joseph G. Sauder by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 6/9/2022. (originally filed in 1:22- cv-01914-MHC on 6/9/2022) If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tmf) Modified on 7/1/2022 to add 32 and 33 (rvb).
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Minute Order Granting #17 Application for Admission Pro Hac Vice of Brian E. Johnson by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 6/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Minute Order Granting #16 Application for Admission Pro Hac Vice of Victoria S. Nugent by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 6/14/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Filing 29
ORDER granting #28 Motion for Extension of Time. Having considered the foregoing Joint Motion to Extend Briefing Schedule (ECF No. #28 ), for good cause shown and all Parties consenting hereto, it is hereby ORDERED that the deadline for Plaintiffs to file their response to Siemens Industry, Inc.'s motion to dismiss is extended from June 14, 2022, to June 28, 2022. It is FURTHER ORDERED that the deadline for Siemens to file its reply in support of its motion to dismiss is extended from June 28, 2022, to July 19, 2022. Signed by Judge Mark H. Cohen on 6/6/2022. (tmf)
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| Filing 28 Joint MOTION for Extension of Time to File Response to Motion to Dismiss and to File Reply in Support of Motion to Dismiss re: #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Siemens Industry, Inc.. (Attachments: #1 Text of Proposed Order)(Mohr, Stacey) |
| Filing 27 Unopposed MOTION to Consolidate Cases , MOTION to Appoint Counsel with Brief In Support by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Attachments: #1 Brief, #2 Declaration of Brian C. Gudmundson, #3 Exhibit A - Complaint from Nat'l Sentry Sec. Sys., Inc. et al. v. Siemens Indus., Inc., #4 Exhibit B - Resume of Brian C. Gudmundson, #5 Exhibit C - Resume of Victoria S. Nugent, #6 Exhibit D - Resume of Charles H. Van Horn, #7 Exhibit E - Resume of David A. Goodwin, #8 Exhibit F - Resume of Matthew D. Schelkopf, #9 Text of Proposed Order)(Gudmundson, Brian) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Siemens Industry, Inc.. (Attachments: #1 Brief)(Mohr, Stacey) |
| Clerks Notation re #23 Certificate of Interested Persons reviewed by MHC. (lme) |
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Minute Order Granting #20 Application for Admission Pro Hac Vice of Rachel Raphael by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 5/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Minute Order Granting #22 Application for Admission Pro Hac Vice of Ruben Reyna by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 5/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Minute Order Granting #19 Application for Admission Pro Hac Vice of Toni M. Jackson by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 5/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Minute Order Granting #21 Application for Admission Pro Hac Vice of Cheryl Falvey by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 5/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #21 APPLICATION for Admission of Cheryl Falvey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787030). Attorney Cheryl Falvey added appearing on behalf of Siemens Industry, Inc. (cdg) |
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Filing 25
ORDER granting #24 Motion for Leave to File Excess Pages. Having considered the foregoing Joint Motion to Exceed Page Limits (ECF No. #24 ), for good cause shown and all Parties consenting hereto, it is hereby ORDERED that Defendant shall be permitted to file a brief in support of its motion to dismiss that exceeds the 25-page limit requirement under Local Rule 7.1(D), but not to exceed 35 pages. It is FURTHER ORDERED that Plaintiffs shall be permitted to file an opposition to Defendants motion to dismiss that exceeds the 25-page limit requirement under Local Rule 7.1(D), but not to exceed 35 pages, and that any reply brief filed by Defendant in support of its motion shall not exceed 20 pages. Signed by Judge Mark H. Cohen on 5/11/2022. (tmf)
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| APPROVAL by Clerks Office re: #22 APPLICATION for Admission of Ruben Reyna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787032). Attorney Ruben Reyna added appearing on behalf of Siemens Industry, Inc. (cdg) |
| APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Rachel Raphael Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787023). Attorney Rachel Paige Raphael added appearing on behalf of Siemens Industry, Inc. (cdg) |
| APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Toni Michelle Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC- 11787018) Attorney Toni Michelle Jackson added appearing on behalf of Siemens Industry, Inc. (cdg) |
| Filing 24 Joint MOTION for Leave to File Excess Pages by Siemens Industry, Inc.. (Attachments: #1 Text of Proposed Order)(Mohr, Stacey) |
| Filing 23 Certificate of Interested Persons and Corporate Disclosure Statement by Siemens Industry, Inc. identifying Corporate Parent Siemens Corporation, Corporate Parent Siemens USA Holdings, Inc., Corporate Parent Siemens AG, Corporate Parent Siemens Beteiligungen USA, GmbH, Corporate Parent Siemens Beteiligungen USA Inland GmbH for Siemens Industry, Inc.. (Mohr, Stacey) |
| Filing 22 APPLICATION for Admission of Ruben Reyna Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787032).by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 21 APPLICATION for Admission of Cheryl Falvey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787030).by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 20 APPLICATION for Admission of Rachel Raphael Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787023).by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 19 APPLICATION for Admission of Toni Michelle Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11787018).by Siemens Industry, Inc.. (Mohr, Stacey) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 18 NOTICE of Appearance by Stacey McGavin Mohr on behalf of Siemens Industry, Inc. (Mohr, Stacey) |
| APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Brian E. Johnson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11724371).. Attorney Brian E. Johnson added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (nmb) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Victoria S. Nugent Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11724329).. Attorney Victoria S. Nugent added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (nmb) |
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Minute Order Granting #15 Application for Admission Pro Hac Vice of Jason P. Johnston by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Rachel K. Tack Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716454). Attorney Rachel K. Tack added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (cdg) |
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Minute Order Granting #12 Application for Admission Pro Hac Viceof Brian c. Gudmundson by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Michael J. Laird Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716444). Attorney Michael J. Laird added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (cdg) |
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Minute Order G #13 Application for Admission Pro Hac Vice of Michael J. Laird by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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Minute Order Granting #14 Application for Admission Pro Hac Vice of Rachel K. Tack by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/13/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| Filing 17 APPLICATION for Admission of Brian E. Johnson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11724371).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 16 APPLICATION for Admission of Victoria S. Nugent Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11724329).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
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Minute Order Granting #5 Application for Admission Pro Hac Vice of David A. Goodwin by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Jason P. Johnston Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11722143). Attorney Jason P. Johnston added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (cdg) |
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Minute Order granting #6 Application for Admission Pro Hac Vice of Anthony J. Stauber by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 4/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lme)
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| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Brian C. Gudmundson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716419).. Attorney Brian C. Gudmundson added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (cdg) |
| Filing 15 APPLICATION for Admission of Jason P. Johnston Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11722143).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 APPLICATION for Admission of Rachel K. Tack Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716454).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 13 APPLICATION for Admission of Michael J. Laird Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716444).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 APPLICATION for Admission of Brian C. Gudmundson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11716419).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 11
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Mark H. Cohen on 4/6/2022. (tmf)
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| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of David A. Goodwin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11711082).. Attorney David A. Goodwin added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (nmb) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Anthony J. Stauber Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11711111).. Attorney Anthony J. Stauber added appearing on behalf of Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (nmb) |
| Filing 10 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michael J. Laird. Clerk to follow-up by 4/15/2022. (gas) |
| Filing 9 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Brian C. Gudmundson. Clerk to follow-up by 4/15/2022. (gas) |
| Filing 8 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jason P. Johnston. Clerk to follow-up by 4/15/2022. (gas) |
| Filing 7 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Rachel K. Tack. Clerk to follow-up by 4/15/2022. (gas) |
| Filing 6 APPLICATION for Admission of Anthony J. Stauber Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11711111).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 5 APPLICATION for Admission of David A. Goodwin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11711082).by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka. (Van Horn, Charles) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 4 WAIVER OF SERVICE Returned Executed by Performance Electric, Inc., Kevin Brnich Electric LLC, Charles Vodicka, Artistic Electric Inc., Bolt Electric LLC. Siemens Industry, Inc. waiver mailed on 4/1/2022, answer due 5/31/2022. (Van Horn, Charles) |
| Filing 3 Electronic Summons Issued as to Siemens Industry, Inc.. (tmf) |
| Filing 2 PROPOSED SUMMONS filed by Artistic Electric Inc., Bolt Electric LLC, Kevin Brnich Electric LLC, Performance Electric, Inc., Charles Vodicka (Van Horn, Charles) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Performance Electric, Inc., Kevin Brnich Electric LLC, Charles Vodicka, Artistic Electric Inc. and Bolt Electric LLC. (Filing fee $402.00, receipt number AGANDC-11691828) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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