Electrolux Home Prod v. Whitesell Corp
Case Number: 1:2003cv00050
Filed: March 24, 2003
Court: US District Court for the Southern District of Georgia
Office: Augusta Office
Presiding Judge: Dudley H. Bowen
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 7, 2022 Opinion or Order Filing 1579 ORDER denying 1526 Motion in Limine to exclude evidence and argument concerning the Substitute Part Provision. Signed by Chief Judge J. Randal Hall on 06/07/2022. (jlh)
May 10, 2022 Opinion or Order Filing 1549 ORDER re 1544 Bill of Costs. Upon due consideration thereof and having heard no objection to the same, the Court hereby approves the statement. Consistent with the Order of September 17, 2021, each party shall submit 1/3 of the total cost directly to Mr. Stebbins without delay. Signed by Chief Judge J. Randal Hall on 5/10/22. (loh)
April 25, 2022 Opinion or Order Filing 1542 The Court ORDERS the parties to meet and confer once again. The Court expects a full report on the matters contained in the re 1529 Motion for Resolution within ten (10) calendar days hereof. If resolution cannot be reached, the parties shall each file their "side" of the matter on the tenth day; the parties will have five (5) business days to respond. Signed by Chief Judge J. Randal Hall on 4/25/22. (loh)
April 19, 2022 Opinion or Order Filing 1541 ORDER granting Defendants Husqvarna AB and Husqvarna Outdoor Products, Inc 1508 Motion in Limine to exclude presentation of evidence at trial concerning Whitesell's damages claim in Count II for capital expenditures related to the supply of Brunner and Matrix parts. Signed by Chief Judge J. Randal Hall on 4/18/2022. (ca)
April 5, 2022 Opinion or Order Filing 1532 ORDER granting 1530 Motion to Seal. The Clerk of Court shall seal the subject exhibits in the record until further order of the Court. Signed by Chief Judge J. Randal Hall on 4/5/2022. (gmh)
February 3, 2022 Opinion or Order Filing 1510 ORDER re 1507 Bill of Costs filed by Charles C. Stebbins, III. Consistent with the Order of September 17, 2021, each party shall submit 1/3 of the total cost directly to Mr. Stebbins without delay. Signed by Chief Judge J. Randal Hall on 2/3/2022. (ca)
September 17, 2021 Opinion or Order Filing 1496 ORDER overruling Plaintiff's Objections and denying 1487 Motion to Strike and denying 1488 MOTION to Certify and/or Direct Entry of Final Judgment for Appeal Pursuant to Rule 54(b). The Court hereby Appoints Charles C. Stebbins, III as Special Master under Federal Rule of Civil Procedure 53, effective immediately. Signed by Chief Judge J. Randal Hall on 9/17/2021. (pts)
August 5, 2021 Opinion or Order Filing 1486 ORDER APPOINTING SPECIAL MASTER. Attorney Charles C. Stebbins, III is hereby appointed to serve as Special Master. The Court will hear any objections, comments, and suggestions from the parties about the appointment within 14 days. Further, 1446 Motion to Assign Magistrate Judge and 1481 Motion for Hearing are denied. Signed by Chief Judge J. Randal Hall on 8/5/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (pts)
May 24, 2021 Opinion or Order Filing 1477 ORDER granting 1474 Motion to Stay the deadline to file an amended expert report. Plaintiff shall have 45 days from the entry of an Order resolving the motion for reconsideration within which to file an amended expert report should one prove necessary. Signed by Chief Judge J. Randal Hall on 5/24/2021. (pts)
April 12, 2021 Opinion or Order Filing 1470 ORDER re 1454 Notice (Other) filed by Whitesell Corporation. Unless and until a motion is filed, no further Order will issue on the matter. No motion shall be filed without certification that the movant has in good faith conferred or attempted to confer with the other parties in an effort to resolve the dispute. Signed by Chief Judge J. Randal Hall on 4/12/2021. (pts)
March 2, 2021 Opinion or Order Filing 1453 ORDER granting in part 1268 Motion for Sanctions; denying 1302 Daubert Motion, Motion in Limine and Motion to Strike P. Dopp. Defendant EHP shall pay reasonable attorney's fees and costs as described herein. Plaintiff Whitesell shall file a particularized application for the awarded fees and costs by 3/16/2021 and Defendant EHP may file any objections thereto within 14 days of service. Signed by Chief Judge J. Randal Hall on 3/2/2021. (pts)
January 20, 2021 Opinion or Order Filing 1445 ORDER granting 1419 Motion for Clarification. The Court concludes and iterates that there is no part remaining of Count III for payment of excess inventory to be asserted by Plaintiff Whitesell against any Defendant in the case. Signed by Chief Judge J. Randal Hall on 1/20/2021. (pts)
January 19, 2021 Opinion or Order Filing 1444 ORDER denying 1436 MOTION to Strike Defendants' Claims for Expenses of Litigation Under O.C.G.A. § 13-6-11. The Court sua sponte grants summary judgment against Defendants on their counterclaims for expenses of litigation. Signed by Chief Judge J. Randal Hall on 1/19/2021. (pts)
December 15, 2020 Opinion or Order Filing 1434 ORDER denying 1307 Motion to Strike and Motion for Summary Judgment on Defendant's affirmative defenses. Signed by Chief Judge J. Randal Hall on 12/15/2020. (pts)
December 11, 2020 Opinion or Order Filing 1433 ORDER granting 1308 Motion for Summary Judgment as to Plaintiff Whitesell's claim for expenses of litigation under O.C.G.A. § 13-6-11. Signed by Chief Judge J. Randal Hall on 12/11/2020. (pts)
September 30, 2020 Opinion or Order Filing 1412 ORDER denying 1299 Motion to Strike; denying 1300 Motion to Strike; denying 1301 Motion to Strike. Signed by Chief Judge J. Randal Hall on 09/30/2020. (pts)
September 10, 2020 Opinion or Order Filing 1410 ORDER denying 1306 Motion for Summary Judgment on liability on Defendants' counterclaims. Signed by Chief Judge J. Randal Hall on 9/10/2020. (pts)
August 27, 2020 Opinion or Order Filing 1409 ORDER denying 1305 Motion to Strike the prejudgment interest calculations in the Karutz Report pertaining to Count VI. Signed by Chief Judge J. Randal Hall on 8/27/2020. (pts)
August 13, 2020 Opinion or Order Filing 1408 ORDER granting in part and denying in part 1290 Motion for Summary Judgment. Defendant's motion for summary judgment is granted in part as to the parts numbers listed herein. Plaintiff Whitesell Corporation is entitled to judgment to be entered at a later time in the amount of $6,429.06. Defendant's motion for summary judgment is denied as to the remaining parts listed herein. Signed by Chief Judge J. Randal Hall on 8/13/2020. (pts)
March 25, 2020 Opinion or Order Filing 1401 ORDER granting 1034 Motion for Summary Judgment by Defendant Husqvarna with respect to Count III of the Second Amended Complaint; denying 1037 Motion for Summary Judgment by Plaintiff with respect to Defendants' claim that Plaintiff pay expedited fees; finding as moot 1190 Motion for Joinder. Signed by Chief Judge J. Randal Hall on 3-25-2020. (pts)
February 3, 2020 Opinion or Order Filing 1364 ORDER denying 1297 Motion for Reconsideration re 1276 Order on Motion for Partial Summary Judgment. Signed by Chief Judge J. Randal Hall on 2/3/2020. (pts)
January 30, 2020 Opinion or Order Filing 1354 ORDER denying 1296 Motion for Reconsideration. The Court reaffirms the entry of summary judgment in favor of Defendants as stated at doc 1275 . Further, the Court finds that the information provided in the submissions at docs 1281 and 1287 , as specified herein, will be used to compute prejudgment interest and the total amount of the judgments. The Court will not enter judgment on these claims at this time. Signed by Chief Judge J. Randal Hall on 1/30/2020. (pts)
November 20, 2019 Opinion or Order Filing 1276 ORDER granting 970 Motion for Partial Summary Judgment as to L'Assomption parts. Whitesell Corporation may not assert a claim for damages for breach of contract against EHP for the 92 L'Assomption parts listed on Exhibit A to the motion. Signed by Chief Judge J. Randal Hall on 11/20/2019. (jlh)
September 23, 2019 Opinion or Order Filing 1267 ORDER that the supersedeas bond 1262 entered in compliance with 1257 Order is hereby APPROVED. Signed by Chief Judge J. Randal Hall on 9/23/2019. (pts)
September 4, 2019 Opinion or Order Filing 1257 ORDER approving, ratifying and confirming 1255 Stipulation filed by Whitesell Corporation and terminating 1241 MOTION for Bond to Set Bond Amount and Enter Stay of Execution of Judgment Upon Posting of Bond filed by Whitesell Corp oration. Within 30 days from the entry of the instant Order, Whitesell Corporation shall post a supersedeas bond in this matter in the amount of $57,200.00 (Compliance due 10/4/19.) Upon posting of the bond, the execution on the 1188 Judgment on Attorney Fees will be stayed. Signed by Chief Judge J. Randal Hall on 9/4/2019. (pts)
August 26, 2019 Opinion or Order Filing 1254 ORDER denying 1244 Motion to Enforce Scheduling Order and Orders that all rebuttal experts be made available for deposition by October 15, 2019. Signed by Chief Judge J. Randal Hall on 08/26/2019. (jlh)
August 6, 2019 Opinion or Order Filing 1247 ORDER denying 1226 Motion for Recusal. Signed by Chief Judge J. Randal Hall on 8/6/2019. (pts)
August 5, 2019 Opinion or Order Filing 1246 ORDER granting in part 1233 Motion to Extend the Deposition of Peter Karutz. Mr. Karutz shall submit to deposition as set forth in this Order. Signed by Chief Judge J. Randal Hall on 8/5/2019. (pts)
July 22, 2019 Opinion or Order Filing 1235 ORDER granting 1234 Motion to Seal. Exhibit 1 to doc 1233 is ordered sealed until further order of the Court. Signed by Chief Judge J. Randal Hall on 7/22/2019. (pts)
July 15, 2019 Opinion or Order Filing 1229 ORDER denying without prejudice 1222 Motion to Strike ; denying 1223 Motion to Strike ; denying 1224 Motion to Strike ; denying 1225 Motion to Strike. Signed by Chief Judge J. Randal Hall on 7/15/2019. (pts)
June 10, 2019 Opinion or Order Filing 1220 ORDER granting in part and denying in part 1199 Motion to Stay. The CourtGRANTS Whitesell's motion to waive the bond requirement and tostay execution of the Judgments pending theAppeals. However, the Court DENIES Whitesell's motion to theextent that it requests a stay of execution of the Judgments following the Appeals without posting a supersedeas bond. Signed by Chief Judge J. Randal Hall on 6/10/2019. (pts)
April 17, 2019 Opinion or Order Filing 1187 ORDER re 1168 Notice of Filing, filed by Electrolux Home Products, Inc. Granting in Part the fee application submitted therein. The Court awards Electrolux $53,745.00 in attorney's fees and $763.63 in expenses. The Clerk is directed to enter judgment in the amount of $54,509.13 against Plaintiff Whitesell Corporation and in favor of Defendant Electrolux Home Products, Inc. Signed by Chief Judge J. Randal Hall on 4/17/2019. (pts)
April 16, 2019 Opinion or Order Filing 1184 ORDER denying 1117 Motion for Reconsideration. Each party shall bear their own costs. Signed by Chief Judge J. Randal Hall on 4/16/2019. (pts)
March 15, 2019 Opinion or Order Filing 1173 ORDER that the deadlines contained in Exhibit A of 1171 Response filed by Husqvarna Outdoor Products, Inc., Husqvarna, A.B., Electrolux Home Products, Inc. are hereby imposed in this case. Signed by Chief Judge J. Randal Hall on 3/15/2019. (pts)
February 14, 2019 Opinion or Order Filing 1161 ORDER granting 1158 Motion to Seal. Signed by Chief Judge J. Randal Hall on 2/14/2019. (pts)
January 15, 2019 Opinion or Order Filing 1141 ORDER granting 1126 Motion to Seal. Signed by Chief Judge J. Randal Hall on 1/15/2019. (pts)
January 3, 2019 Opinion or Order Filing 1127 ORDER granting 1118 Motion to Stay to the extent provided for by this Order; deferring ruling on 1070 Motion for Sanctions; deferring ruling on 1121 Motion to Stay; terminating 1120 Motion to Strike. The parties shall present full argument to the Court re 1070 and 1121 on Monday, February 11, 2019, at 9:00 a.m., in Courtroom 2 at Augusta, GA. Signed by Chief Judge J. Randal Hall on 1/3/2019. (pts)
January 2, 2019 Opinion or Order Filing 1124 ORDER granting 1115 Motion to Seal. Exhibits in support of 1114 listed herein are to be sealed until further order of the Court. Signed by Chief Judge J. Randal Hall on 1/2/2019. (pts)
November 21, 2018 Opinion or Order Filing 1108 ORDER granting 1102 Motion for Matthew Devisse Leave to Appear pro hac vice. Signed by Chief Judge J. Randal Hall on 11/21/2018. (jlh)
November 16, 2018 Opinion or Order Filing 1101 ORDER granting 1064 Motion to Strike. The Clerk of Court is directed to Strike from the record the following: 1060 Motion for Summary Judgment; 1061 Statement of Material Facts, and 1059 Response in Opposition to Motion. Further the Court terminates 1058 Motion to Seal. Upon redaction, Plaintiff Whitesell may re-file the stricken documents within 7 days upon entry of this Order. Signed by Chief Judge J. Randal Hall on 11/16/2018. (pts)
September 24, 2018 Opinion or Order Filing 1063 ORDER denying 1014 Motion to Compel responses to discovery. Signed by Chief Judge J. Randal Hall on 9/24/2018. (pts)
July 13, 2018 Opinion or Order Filing 1026 ORDER granting 1023 Motion to Seal. Signed by Chief Judge J. Randal Hall on 7/13/2018. (pts)
May 30, 2018 Opinion or Order Filing 1013 ORDER approving [1012-1] Seventh Revised Joint Discovery Plan (attached hereto). Signed by Chief Judge J. Randal Hall on 05/30/2018. (jlh)
May 25, 2018 Opinion or Order Filing 1010 ORDER granting in part and denying in part 897 MOTION for Partial Summary Judgment Regarding the Identity of the Remaining Course of Performance Parts In Suit and Computation of Their Contract Duration Terms. Signed by Chief Judge J. Randal Hall on 05/25/2018. (jlh) Modified on 5/25/2018 (jlh).
April 23, 2018 Opinion or Order Filing 997 ORDER granting 993 Motion to Seal Document. Exhibits 1-14 attached to 986 Affidavit in Opposition to Motion are sealed until further order. Signed by Chief Judge J. Randal Hall on 4/23/2018. (pts)
April 18, 2018 Opinion or Order Filing 989 ORDER granting 988 Motion to Seal Document re 987 Affidavit in Opposition to Motion. Plaintiff is directed to submit the exhibits to the Clerk of Court with clear reference to this Order. Signed by Chief Judge J. Randal Hall on 04/18/2018. (jlh)
December 1, 2017 Opinion or Order Filing 955 ORDER directing Clerk to terminate 949 Motion to Compel. Signed by Chief Judge J. Randal Hall on 12/1/2017. (pts)
May 15, 2017 Opinion or Order Filing 896 ORDER denying 880 Motion Entry of Order Reserving Ruling on Award of Pre-Judgment Interest; denying 886 Motion for Hearing. Signed by Chief Judge J. Randal Hall on 05/15/2017. (thb)
January 10, 2017 Opinion or Order Filing 876 ORDER that, upon the foregoing, Plaintiff Whitesell Corporation's objections to Defendants' Third Requests for Production, which are appended hereto as Exhibit A, are hereby SUSTAINED IN PART as more particularly delineated in this Order. Signed by Judge J. Randal Hall on 1/10/2017. (jah)
November 17, 2016 Opinion or Order Filing 870 ORDER granting in part and denying in part Plaintiff Whitesell Corporation's 822 Motion for Reconsideration. Signed by Judge J. Randal Hall on 11/17/2016. (jah)
June 17, 2016 Opinion or Order Filing 830 ORDER directing the Clerk to file under seal the subject sixteen pages by attaching them to the 825 Reply Memorandum as Exhibit B-1. Signed by Judge J. Randal Hall on 06/17/2016. (thb)
June 15, 2016 Opinion or Order Filing 827 ORDER vacating 823 Order so that the Court may consider the Reply Brief filed by Plaintiff. Defendant Husqvarna may file a sur-reply, if necessary and appropriate, by the close of business on June 20, 2016. Sur-reply Brief due by 6/20/2016. The Clerk is directed to terminate Plaintiff's request for consideration of the reply brief (doc. no. 826). Signed by Judge J. Randal Hall on 06/15/2016. (thb)
June 13, 2016 Opinion or Order Filing 823 ORDER overruling and denying 815 Objection to the Notice of Inspection served on April 12, 2016. Plaintiff is directed to provide Husqvarna with several alternative dates within the next 21 days during which the inspection may be conducted. Signed by Judge J. Randal Hall on 06/13/2016. (thb)
March 31, 2016 Opinion or Order Filing 797 ORDER granting in part and denying in part 769 Motion to Compel; granting 774 Motion to Strike; granting 794 Motion for Leave to File. Signed by Judge J. Randal Hall on 03/31/2016. (thb)
March 9, 2016 Opinion or Order Filing 785 ORDER denying Whitesell's Motion to Overrule Husqvarna's objections to the period of time requested in Interrogatories 10, 12, and 17. The Clerk is directed to terminate as denied document number 771 . Signed by Judge J. Randal Hall on 03/09/2016. (thb)
October 21, 2015 Opinion or Order Filing 728 ORDER denying 670 Motion to Vacate; denying 697 Motion for Hearing. Signed by Judge J. Randal Hall on 10/21/2015. (thb)
October 19, 2015 Opinion or Order Filing 726 ORDER denying as moot 671 Motion for Discovery; denying as moot 696 Motion for Hearing, and vacating the hearing date set for October 21, 2015. Signed by Judge J. Randal Hall on 10/19/2015. (thb)
September 25, 2015 Opinion or Order Filing 712 ORDER that the motion to compel a response to Interrogatory 54 as requested by Whitesell is hereby Denied. Signed by Judge J. Randal Hall on 9/25/15. (cmr)
September 22, 2015 Opinion or Order Filing 707 ORDER directing the parties to appear in the United States Court, at the Federal Justice Center in Augusta, Georgia on each of the following days: Wednesday, October 21, 2015; Tuesday, November 10, 2015; Thursday, December 17, 2015; Thursday, January 21, 2016; Thursday, February 25, 2016. The hearings will begin promptly at 10:00 a.m. Signed by Judge J. Randal Hall on 09/22/2015. (thb)
September 16, 2015 Opinion or Order Filing 704 ORDER granting 703 Amended Motion for Leave to Bring Laptop Computers Only to Monthly Discovery Hearings. Broadcasting, streaming, or recording judicial proceedings is strictly prohibited. The Clerk is directed to terminate 702 Motion for Leave to Bring Laptop Computers Only to Monthly Discovery Hearings. Signed by Judge J. Randal Hall on 09/16/2015. (thb)
September 10, 2015 Opinion or Order Filing 691 ORDER denying 665 Motion Leave to Take Additional Rule 30(b)(6) Depositions of Defendants' Corporate Representatives; denying 667 Motion for Sanctions. Signed by Judge J. Randal Hall on 09/10/2015. (thb)
August 17, 2015 Opinion or Order Filing 680 ORDER directing the parties to appear in the United States Court, at the Federal Justice Center in Augusta, Georgia on each of the following days: Thursday, September 17, 2015; Wednesday, October 21, 2015; Thursday, November 12, 2015; Thursday, December 17, 2015; Thursday, January 21, 2016; Thursday, February 25, 2016. The hearings will begin promptly at 10:00 a.m. Signed by Judge J. Randal Hall on 08/17/2015. (thb)
June 26, 2015 Opinion or Order Filing 658 ORDER directing the parties to appear for the Discovery Hearing set for 7/23/2015 09:00 AM in Augusta - 2nd Floor before Judge J. Randal Hall. Prior to the hearing, the parties shall make arrangements and review all financial documents necessary for this hearing. Signed by Judge J. Randal Hall on 6/26/15. (cmr)
May 27, 2015 Opinion or Order Filing 639 ORDER granting 638 Motion to Seal. Signed by Judge J. Randal Hall on 05/27/2015. (thb)
December 29, 2014 Opinion or Order Filing 612 ORDER granting in part and denying in part 606 Motion to Compel. The parties are directed to file a list (preferably a joint list) regarding this order within 7 days of January 30, 2015. Signed by Judge J. Randal Hall on 12/29/14. (cmr)
September 18, 2014 Opinion or Order Filing 605 ORDER granting with respect to Plaintiff's claim in Count I of the SAC for recovery of the $2 million cash payment and 10% pricing discounts 599 Motion for Judgment on the Pleadings; denying 601 Motion to Amend/Correct. Signed by Judge J. Randal Hall on 9/18/14. (cmr)
March 29, 2013 Opinion or Order Filing 496 ORDER terminating 391 Motion for Summary Judgment; terminating 399 Motion for Partial Summary Judgment; granting 447 Motion for Leave to File; granting 457 Motion for Leave to File. Signed by Judge Dudley H. Bowen on 3/29/13. (bcw)
June 8, 2011 Opinion or Order Filing 429 ORDER denying 339 Motion for Summary Judgment; denying 353 Motion to Strike. Signed by Judge Dudley H. Bowen on 06/08/2011. (thb)
November 4, 2010 Opinion or Order Filing 372 ORDER denying 264 Motion for Partial Summary Judgment; granting 292 Motion for Summary Judgment; denying as moot 311 Motion Under Rule 56(f) re 292 Cross MOTION for Summary Judgment on Price Increases. Signed by Judge Dudley H. Bowen on 11/04/2010. (thb)
October 13, 2010 Opinion or Order Filing 363 ORDER denying 252 Motion for Contempt; denying 256 Motion for Entry of Discovery Schedule ; granting 304 Motion for Protective Order; denying 321 Motion for Reconsideration ; denying 323 Motion for Entry of Discovery Schedule ; granting [33 5] Motion for Leave to File; granting 355 Motion for Extension of Time to File Response/Reply re 353 MOTION to Strike 339 MOTION for Summary Judgment on Plaintiff Whitesell Corporation's Claims Concerning Transition of Brunner and Matrix P arts(pertaining to its Arguments and Assertions Based on Settlement Discussions) MOTION to Strike 339 MOTION for Summary Judgment on Plaintiff Whitesell Corporation's Claims Concerning Transition of Brunner and Matrix Parts(pertaining to its A rguments and Assertions Based on Settlement Discussions, 339 MOTION for Summary Judgment on Plaintiff Whitesell Corporation's Claims Concerning Transition of Brunner and Matrix Parts. The responsive pleadings that Husqvarna filed on October 6, 2010, pursuant ot the consent extension will be considered in due course. The Clerk is directed to redocket Exhibit A to the motion as "Plaintiff's Surreply in Opposition to Defendants' Motion for Protective Order." . Signed by Judge Dudley H. Bowen on 10/13/2010. (thb) Modified on 10/13/2010 (thb).
March 25, 2010 Opinion or Order Filing 307 ORDER granting in part and denying in part 260 Motion for Partial Summary Judgment; denying 279 Motion under Rule 56(f). The remaining issues as they pertain to the duration term of parts listed in Exhibit 5 to the Affidavit of Ryan T. Sadler are referred to the Special Master. Signed by Judge Dudley H. Bowen on 03/25/2010. (thb)
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